In re Marriage of Eckersall

Husband filed a petition for dissolution of marriage, seeking joint custody of the couple’s three children. The circuit court appointed attorney Rosenberg to represent the children, under 750 ILCS 5/506(a)(3). Husband sought to set a temporary parenting schedule, stating that he and wife were unable to reach agreement. At the hearing, Rosenberg stated that the parties had agreed on a schedule, but had failed to agree on conditions of visitation. Rosenberg presented a proposed order. Wife objected on the basis that it infringed on her right to parent and communicate with her children. The court entered the order, which “enjoin[ed]” the parties from: striking, threatening or interfering with the personal liberty of the children; discussing any aspect of the pending litigation in the presence of the children; discussing with the children their preferences as to custody or visitation; questioning, discussing, or coaching the children with regard to testimony or interviews; questioning the children with regard to the conduct or expenditures of the other party; engaging in all forms of recording or electronic surveillance of the other party or of the children; using alcohol or nonprescription drugs in the presence of the children; allowing an unrelated member of the opposite sex to reside overnight in a residence while the children are present; disparaging either party; and removing the children from the state without consent. The appellate court dismissed the appeal for lack of jurisdiction. The Illinois Supreme Court dismissed an appeal as moot because the divorce had been granted, so the order was no longer in effect. View "In re Marriage of Eckersall" on Justia Law