# Commonwealth Ex Rel. Lotz v. Lotz

> Superior Court of Pennsylvania · December 9, 1958 · 188 Pa. Super. 241

URL: https://www.frixlaw.com/law-library/cases/9763501

## Case

- **Full name:** Commonwealth Ex Rel. Lotz v. Lotz, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** December 9, 1958
- **Citations:** 188 Pa. Super. 241; 146 A.2d 362; 1958 Pa. Super. LEXIS 589
- **Precedential status:** Published
- **Opinion:** Dissent by Wright
- **Judges:** Rhodes, Hirt, Gunther, Wright, Woodside, Ervin, Watkins
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9763501

## Opinion text

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”.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9763501. Public record. Not legal advice.