The recent case of K.W. v. S.L. and M.L. v. G.G., 2017 Pa. Super. 56 (March 6), addresses two important issues for family court practitioners and the bench to take note. First, it addresses the collateral order doctrine and then the issue of in loco parentis standing in child custody matters.
In family law cases, practitioners and litigants are often faced with interim orders and whether they may be appealed. As reiterated in the K.W. case: “It is well-settled that, an appeal lies only from a final order, unless permitted by rule or statute.’” Pursuant to Pa.R.A.P. 341(b), a final order, generally, is an order that disposes of all claims and all parties. An interim order is appealable if it qualifies under the collateral order doctrine. Pursuant to Pa.R.A.P. 313(b): “A collateral order is an order separable from and collateral to the main cause of action where the right involved is too important to be denied review and the question presented is such that if review is postponed until final judgment in the case, the claim will be irreparably lost.”
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