Custody Committee Reviews Superior Court’s Year

December 31, 2008 Philadelphia Bar Reporter

© Copyright 2008, Philadelphia Bar Association. Used with permission.

Child interviews, jurisdiction, paternity, counsel fees and relocation were just some of the custody issues decided by the Pennsylvania Superior Court in 2008. The Custody Committee reported on these issues at the Family Law Section's Jan. 5 meeting. The presenters were Custody Committee Co-Chairs Elaine Smith and Michael Bertin along with Kristine Calalang and John Zurzola.

In-camera interviews of children in the presence of counsel are an absolute requirement under Pa.R.C.P. 1915.11(b). Ottolini v. Barrett, 954 A.2d 610 (Pa. Super. 2008). This bright-line rule was not followed, however, in a case filed just three months prior where the Superior Court affirmed a trial court's private interview of a child and summarized the interview on record. N.H.M. v. P.O.T., 947 A.2d 1268 (Pa. Super. 2008).

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