Commonwealth Ex Rel. Zaubi v. Zaubi

I am forced to dissent from the view expressed by the majority in this appeal because it distorts the legislative intention reflected in the Uniform Child Custody Jurisdiction Act (Act).1 Regrettably, as a result of that mistaken interpretation, two small human beings of tender years, the subjects of the controversy, have had their best interest subordinated in an effort to avoid a jurisdictional conflict, thereby violating the cardinal principle in custody matters.

*193Thomas Zaubi, Jr., born July 29, 1970, and Kirstine Inez Zaubi, born November 2, 1973, were four years, eight months old and one…