In Re Donna W.

Under the shibboleth of “broad scope of review” a majority of this Court has determined that an appellate court has a duty to make an “independent determination” in custody cases coming before it for review. I dissent. In my judgment, the determination of the trial judge who has heard the evidence and has seen the witnesses should not be reversed in the absence of an abuse of discretion.

The scope and proper standard of appellate review in custody cases were set forth in the opinion of Justice (now Chief Justice) Nix in Commonwealth ex rel. Spriggs v. Carson, 470 Pa. 290, 368 A.2d 635 (1977)…