Legal Opinion · Dissent

In the Interest of C.P.

Supreme Court of Pennsylvania

Decided December 2, 1987No. 26 W.D. Appeal Docket, 1987Published

1DissentLarsen, Justice

I dissent, and, on the basis of the thoughtful opinion of the Honorable James McLean, would reverse the decision of Superior Court enforcing the requisition issued for C.P.’s return to North Carolina.

In addition, I would note that C.P. has not sought to re litigate the issue of whether her best interests would be served by returning to North Carolina, see maj. op. at 1003 and 1004, in that C.P.’s best interests had not been litigated 1 in any forum prior to the hearing before the Court of Common Pleas of Allegheny County, Juvenile Division. The requisition order was issued solely on the basis…

2Cases cited4 opinions

  1. Chin v. WymanNew York Supreme Court · 1963
  2. Application of PierceMontana Supreme Court · 1979
  3. State v. WilesCourt of Appeals of Washington · 1976
  4. In re M.D.West Virginia Supreme Court · 1982

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