Rakar v. Clapper

Hammond, J., delivered the opinion of the Court. In 1945, the appellee gave birth out of wedlock to a daughter, whom she named Mary Ann. Being unable to care for the infant, she enlisted the help of the Associated Aid Societies of Harrisburg, where she lived, and they, in April, 1946, gave Mary Ann to Mr. and Mrs. Steve J. Rakar, the appellants, to be cared for. Soon afterwards the Rakars moved to a farm in Maryland and the Aid Societies relinquished all jurisdiction. The mother then confirmed the arrangement for the care of the child and spent some time on the farm with the Rakars and her daughter.

The appellants stayed in Maryland for a few months and then returned to Harrisburg, where the mother visited the child periodically. In 1952, they came to Baltimore County and have since lived there in a trailer. The appellee filed a petition in the Circuit Court for Baltimore County, alleging that Mary Ann had been taken from Harrisburg by the Rakars without permission or authority, that she had never relinquished permanent custody of the child, that she is ready, willing and able to give her daughter the love and affection of a mother, as well as material care, and asking that an order be passed returning the child to her. An answer was filed in which the Rakars said that they had loved and cared for Mary Ann as their own, that they had given her the best of care and training, that it would be seriously detrimental to the child’s health, development and well-being to take her from them and asked that “full and absolute care and custody” be awarded them.

After a hearing and consideration of extensive testimony, the Court passed an order dated October 14, 1952, in which it decreed that custody be retained by the appellants, that the residence of Mary Ann should not be changed without the written consent of the Court, that ²⁶⁸ an investigation of all the parties be made by the Probation Department, the results to be reported to the Court, and finally: “That the said petitioner has the right to visit said Mary Ann at reasonable times.” Tbe Court retained jurisdiction in the matter. No appeal was taken from this order. Six months later the mother, without the knowledge of her solicitor and with no notice to the Rakars or their solicitor, asked the Probation Department for permission to take Mary Ann to Harrisburg over the Easter holidays. An officer of the Probation Department prepared and had signed by a Judge who had not participated in the case before, an order dated April 2, 1953, which provided: “THAT Steve J. Rakar and Muriel Rakar, his wife, deliver the child, Mary Ann Clapper, an infant, to her mother, Miss Julie Clapper, upon her arrival at their home.

The child is to be returned to the Rakar home on Tuesday morning, April 7th,