This article should be read in conjunction with our May 2015 article on Mental Health Examinations. There any number of child related issues that may arise in a divorce or parentage matter. Frequently, the most intractable issue are those which pertain to the mental or physical fitness on the…
Articles Posted in Evidence
Are Your Child’s Counseling Sessions Really Confidential in Illinois?
In Illinois, the Mental Health and Developmental Disabilities Confidentiality Act (MHDDCA), protects communications made between a client and a therapist. Generally, when an individual begins therapy, the therapist’s first obligation is to explain that anything the client says to the therapist will remain confidential. However, this may not always be…
The New Illinois Marriage and Dissolution of Marriage Act Effective January 1, 2016
Divorces in Illinois have been governed by the Illinois Marriage and Dissolution of Marriage Act, originally enacted in 1979. Since then, changes in family dynamics, including recent developments in Illinois law related to same-sex marriage, parentage, adoption, and in areas of embryo preservation and rights, rendered the law outdated and…
Recording Private Conversations In Illinois
It is no secret that emotions run high during a divorce or custody proceeding. Sometimes parties seek orders of protection from one another to prohibit acts of abuse or harassment from occurring. Imagine this scenario: Chris and his girlfriend Rhianna are having an argument about who will have custody…
Evidence of Prior Incidents of Violence, Abuse, or Harassment in Illinois Order of Protection Hearings
Question: Can your prior acts of violence, abuse, or harassment be used against you in an order of protection hearing? Answer: It depends on which side of the litigation you are on. /post Just kidding. An order of protection is a civil remedy in which a person…
The Unconstitutionality of Illinois Eavesdropping Statute and its Impact on Family Law
Editor’s Note: In December, 2014, Illinois Governor Quinn signed into law a revised version of the Illinois Eavesdropping Statute. The constitutionality of the new law has not yet been challenged. On March 20, 2014, the Illinois Supreme Court struck down the Illinois Eavesdropping Statute, 720 ILCS 5/14-1, et seq.…