Wednesday, October 21, 2009

TIJEN HARCAR v. DOGAN TALHA HARCAR

TIJEN HARCAR v. DOGAN TALHA HARCAR
No. 1851 WDA 2008 2009 PA Super 203 Atlantic: n/a Filed: 10/21/2009

Appeal from the Order Entered October 9, 2008,
Court of Common Pleas, Beaver County,
Domestic Relations Division, at No. 10639 of 2006.
Before: MUSMANNO, DONOHUE and SHOGAN, JJ.
Opinion by: SHOGAN, J.
Appellant, Dogan Talha Harcar (“Father”), appeals from the order dated October 7, 2008, and entered October 9, 2008, finding Appellee, Tijen Harcar (“Mother”), in contempt of the trial court’s orders entered on June 2, 2006 and September 5, 2006 by remaining in the Republic of Turkey with the parties’ son, Taha Murat Harcar (“Child”). The trial court declined to impose any sanctions on Mother. The trial court also ruled that Beaver County was an inconvenient forum under 23 Pa.C.S.A. § 5427, and directed that any further child custody proceedings should be instituted in the Republic of Turkey. After careful review, we affirm to the extent that the trial court held Mother in contempt. To the extent that it refused to impose any sanction, we reverse and remand. To the extent that the trial court declined to exercise jurisdiction in the future, we vacate.
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