Commonwealth Ex Rel. Fox v. Fox

Opinion by

Hoffman, J.,

Gabrielle Fox filed a petition for writ of habeas corpus seeking the return of her five-year old son James Fox from his father. After various hearings, the Court filed a memorandum opinion awarding the custody of the child neither to the mother nor the father, but to the boy’s paternal aunt who was not a party to the proceeding.

The only justification given by the Court in its one-page opinion is “that the natural parents of the minor child, James Arlynn Fox, have suffered and continue to suffer, through a prolonged period of domestic and emotional instability. The victim…