Opinion

Commonwealth Ex Rel. Lotz v. Lotz

  • 188 Pa. Super. 241
  • 146 A.2d 362
  • 1958 Pa. Super. LEXIS 589
Court
Superior Court of Pennsylvania
Filed
Dec 9, 1958
Status
Published
Author
Wright
On the bench
Rhodes, Hirt, Gunther, Wright, Woodside, Ervin, Watkins
Cited by
41 cases
Authority
More cited than 10.5%

it is against public policy to destroy the relationship of parent to child

How later courts described this case

  • it is against public policy to destroy the relationship of parent to child

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Wright, J.:

I cannot go along with the majority in ordering this mother to force her thirteen year old daughter to visit her father. The record discloses that the girl refuses to make the visits voluntarily because the father has inflicted serious physical injuries upon her, and she fears and dislikes him. While I fully agree that it is against public policy to destroy or limit the relationship of parent and child, and that a parent should not be denied the right of visitation, the instant order does not provide for visitation of the child by the father. On the contrary, it requires the mother to compel visitation of the father by the child. In the words of Judge (later President Judge) Keller in Commonwealth ex rel. v. Tweedy, 74 Pa. Superior Ct. 577 : “We know of no law which justifies the entry of such an order and certainly none under the circumstances of this case”.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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