Commonwealth Ex Rel. Berman v. Berman

SPAETH, Judge:

This is a child custody case. We are all in agreement that the order of the lower court should be affirmed. Our only point of difference is regarding the standard of review that we should apply.

*93Judge HESTER says in his opinion that when the lower court has made a “penetrating and comprehensive inquiry into the facts,” and has filed “a comprehensive opinion containing its findings and conclusions,” its “decision will not be reversed absent an abuse of discretion.” At 1068. Judge CAVANAUGH and I believe that statement to be too broad.1

If the issue is whether we should reverse the…