In Re Estate of R. L. L.

ROBERTS, Justice,

dissenting.

I dissent. The majority concludes that the Orphans’ Court Division of the Court of Common Pleas of Washington County correctly heard and granted appellees’ petition for guardianship of the person of their granddaughter, R. L. L. The majority does so even though: (1) another court of this Commonwealth, the Court of Common Pleas of Cameron County, had already assumed jurisdiction in the matter and, after full hearing, entered an order that appellant, the child’s natural mother, is entitled to custody, (2) the Superior Court affirmed this order, and (3) appellees have failed to demonstrate why they could not present their claim in Cameron County. In my view, sound judicial discretion required the Washington County Orphans’ Court here to defer to the Court of Common Pleas of Cameron County and to dismiss appellees’ petition.

There is no doubt that the Washington County Orphans’ Court had subject-matter jurisdiction to hear appellees’ petition. See 20 Pa.C.S. § 5111(a). It is equally true, however, that appellees sought to litigate the precise issue already adjudicated by the Cameron County Court.*

*232It is true that in custody matters the need may arise for a reexamination of a previous adjudication in light of changed circumstances. See e. g., Commonwealth ex rel. Rogers v. Daven, 298 Pa. 416, 148 A. 524 (1930). But in my view, subsequent determinations are more properly made by the court making the initial determination. The first court entering judgment is already familiar with the matter, and its expertise surely will facilitate disposition.

This policy of deference, though, would promote more than judicial economy. It is well-documented that parties involved in custody disputes have shifted children from one location to another solely for the purpose of obtaining a favorable forum. Apart from its effect upon the certainty of judgments, this shifting has an obvious impact upon the child caught between litigants.

Our Legislature has recognized the above concerns and has implemented this policy of deference. The Commonwealth Child Custody Jurisdiction Act, Act of April 28,1978, P.L. 108, §§ 1 et seq., 11 P.S. §§ 2401 et seq. (Supp.1979), expressly directs that, except in limited circumstances,

“If another court has made a custody decree, a court before which a petition for modification is pending shall not modify the decree of the other court unless it appears to the court before which the petition is pending that the other court which rendered the decree does not now have jurisdiction under jurisdictional prerequisites substantially in accordance with this act or has declined to assume jurisdiction to modify its decree and the provisions of section 9(b) of this act will not be violated by an exercise of jurisdiction by the court before which the petition is pending.”

Id., § 15(a). See also id., § 4 (jurisdictional prerequisites). This section is designed to “avoid jurisdictional competition and conflict with courts of the respective counties of the Commonwealth in matters of child custody which have in the past resulted in the shifting of children from county to *233county with harmful effects on their well-being.” Id. § 2(a)(1). See also id., §§ 2(a)(2)-2(a)(9). Although this legislation was not expressly effective at the time appellees sought appointment of guardianship of R. L. L.’s person, its principles are indisputably sound and should be adopted by this Court. See Ellenbogen v. County of Allegheny, 479 Pa. 429, 438, 388 A.2d 730, 734-35 (1978) (citing cases).

Accordingly, I would vacate the Washington County Orphans’ Court’s appointment and direct that appellees’ petition be dismissed.

EAGEN, C. J., joins in this dissenting opinion.

As the majority indicates, appointment of appellees as guardians over the child’s person would confer upon appellees the same rights *232appellant already had been granted by way of the Cameron County Court’s order granting appellant custody.