Child Custody

Questions & Answers on the New Rule for Parenting Coordinators Under Illinois Law

Published on: June 5, 2023 | Kollias, P.C.

Effective May 24, 2023, the Illinois Supreme Court adopted Rule 909 which provides procedures, definitions and rules for the appointment of Parenting Coordinators. Here’s what you need to know.

Under Illinois law, a parenting coordinator is a qualified third party who is appointed by the judge to address and resolve parenting conflicts on an out-of-court basis. The idea is to create a mechanism for the resolution of parenting disputes in high-conflict cases more quickly and inexpensively than going through the court system. Specifically, they are required to make recommendations within 14 days, and the cost is typically split between the parties by court order, though the court can may one party responsible for the entire cost. One way to think of a parenting coordinator is as a referee to address parenting disputes on an expedited basis.

What is parenting coordination? Supreme Court Rule 909 defines the term as:

a child-focused alternative dispute resolution process
conducted by either a licensed mental health or a family law professional
which combines assessment, education, case management, conflict management, dispute resolution, and decision-making functions.

Why Do I Need a 604.10(b) “Custody Evaluation”?

Published on: March 20, 2023 | Kollias, P.C.

Toxicity can exist in every case, particularly when it comes to cases involving children and the vindictive ex-spouse you share those children with. As one may imagine, or may have experienced, the vitriol exchanged between two parents can boil over to the point of being detrimental to the children. And themselves. And everyone else around them. Questions can then be raised as to the psychological state of the parents, in general. Why do they criticize the other parent? Can’t they see the children are being affected noticeably, possibly endangering their mental, moral, or physical health, or impairing their emotional development? Who is mostly responsible for the breakdown in co-parenting, and what is the best interests of the children from a medical standpoint?

A Doctor of Clinical Psychology may have the answers to these questions, and the Court may seek that doctor’s opinion to get to the bottom of these questions before the case goes to trial. Section 604.10(b) of the Illinois Marriage and Dissolution of Marriage Act governs the processes of interviewing, evaluating, and investigating children as well as parents and other collateral witnesses in cases that demand special attention due to the overwhelming prevalence of confrontation. Known as the “court’s professional,” otherwise referred to as a “604.10(b) evaluator,” this clinical psychologist is specifically tasked with offering an opinion as to the legal outcome which would be in the best interests of a child. The evaluator’s opinion is above and beyond the recommendations of a guardian ad litem, who is typically appointed prior to the retention of the evaluator. The guardian ad litem often provides the Court with an opinion as to whether to appoint an evaluator to provide a further opinion on the issues that may seem unresolvable.

Is There A Procedural Deadline for Mental Health Examinations?

Published on: July 20, 2021 | Kollias, P.C.

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 part of a party to the case. Illinois Supreme Court Rule 215 permits opposing parties and even the trial court may seek to discover relevant facts about the condition of an adverse party by requiring them to participate in an evaluation with an impartial medical professional. The evaluator may conclude and report to the court whether the party is either mentally and physically fit to function around their children without adversely affecting the children’s mental, moral, physical, or emotion well-being, or even their best interests.

If you are subject to a Rule 215 evaluation you may ask yourself, are there any limitations to evaluations if your case has concluded? Can a court abuse its discretion by ordering an evaluation? The answer, maybe a surprising, “yes.”

Trial by Combat under Illinois Law?

Published on: February 26, 2021 | Kollias, P.C.

“I will sue you!” is a common phrase meant to inform someone that you will seek legal recourse in order to settle your dispute in court. In the alternative, “I will meet you ‘on the field of battle where I will rend [your] souls from [your] corporal bodies’” is not a common phrase, nor is it a means by which people typically settle their disputes. However, one Kansas man was mad enough to invoke an age-old form of dispute resolution against his former wife and her attorney in a post-divorce case, which was, of course, a motion for trial by combat.

On January 2, 2020, David Ostrom, 40, of Paola, Kansas, filed a motion for trial by combat with the Iowa District Court in Shelby County alleging, in part, that his ex-wife, Bridgette Ostrom, 38, “destroyed (him) legally.” Such legal destruction being resolved by the possibility of death would seem hardly reasonable to the common layman. However, “to this day, trial by combat has never been explicitly banned or restricted as a right in these United States,” Mr. Ostrom would go on to say that trial by combat was used “as recently as 1818 in British Court.” Not surprisingly, shortly after filing his motion, Mr. Ostrom was quickly faced Ms. Ostrom’s Motion to Suspend Visitation and Motion for Psychological Evaluation.

Emergency Jurisdiction in Illinois for Child Custody Cases – The Basic Concepts

Published on: February 19, 2021 | Kollias, P.C.

In general, the purpose of the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) is to resolve custody disputes by directing the court with “continuing and exclusive jurisdiction” the jurisdiction to modify and enforce custody disputes that may arise between two different states. While each state has its own child custody statutes, the UCCJEA governs which state’s child custody laws will control in the event of a conflict involving a custody or enforcement proceeding where more than one state’s laws might apply. In 2004, Illinois adopted the UCCJEA, along with 48 other states. Massachusetts is the only state that has not adopted the it.

Probably most importantly, the UCCJEA indicates that the child’s “home state” should resolve all custody conflicts. The Act defines the child’s “home state” as “the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period” (emphasis added).

What About What the Child Wants?

Published on: October 13, 2020 | Kollias, P.C.

In a divorce case involving children or in parentage case, it is usually pretty easy to figure out what each of the parents wants. What often isn’t clear is what the child wants, and how much weight the court should give to a child’s expressed wishes.

The Illinois Marriage and Dissolution of Marriage Act (IMDMA), which governs child-related issues arising in divorce and parentage cases, sets out a series of factors a court should consider in making determinations related to the allocation of decision-making responsibilities (i.e., “custody”) and parenting time (i.e., “visitation”), as well as other child-related issues. This list is commonly referred to as the “best interests of the child” factors.

Are Your Child’s Counseling Sessions Really Confidential in Illinois?

Published on: October 8, 2020 | Kollias, P.C.

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 case for children whose parents are simultaneously involved in a custody battle, and where a Guardian ad Litem (GAL) has been appointed to investigate and recommend to the court what is in the best interest of the minor child.

In 2017, the Illinois legislature added section 607.6 to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Given how recently section 607.6 was added, there is not much case law interpreting its provisions. Under this section of the statute, a court may order individual counseling for a child, family counseling for the parties and the child, or parental education for one or more of the parties. Perhaps the more controversial portion of 607.6 can be found in subsection (d). Section 607.6(d) provides, “all counseling sessions shall be confidential. The communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party.”

What Is My “Income” for Calculating Maintenance and Child Support?

Published on: March 4, 2019 | Kollias, P.C.

Whether it be maintenance to or from your current or former spouse, or support for your child(ren), your income is relevant in divorce and parentage proceedings. The fact that you are the person obligated to pay or the person who receives money from another does not change the need for your income to be defined before an order for support is entered.

“But what is my income? I am on social security benefits, or I run a business, or my income is constantly in flux. Surely, you cannot expect me to truly define my income. I’m special,” you say. Thankfully for you, the good and wise people of the Illinois legislature have defined what income is, and also what it isn’t, and they’ve done so in a way that isn’t confusing or contradictory at all. Rather than use a single definition for all family law purposes, they instead have defined income in three separate-yet-related statutes: the Uniform Interstate Family Support Act (“UIFSA”); the Income Withholding for Support Act, and the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”).

Equal Parenting Time: House Bill 4113 Returns as Illinois House Bill 185

Published on: February 18, 2019 | Kollias, P.C.

Last year, the Illinois legislature introduced Illinois House Bill 4113, which was the most politically controversial family law bill in a generation. It proposed a statutory mandate requiring a 50/50 shared parenting time schedule in divorce and parentage cases, except under limited circumstances. The legislation was supported by father’s rights groups, among others, who believe that Illinois law contains an unwritten bias in favor of the mother when it comes to parenting time decisions. They believe that the way to effectively address this bias is with a bright line rule.

At the same time, the legislation was vigorously opposed by a wide variety of individuals and organizations which, according to the Chicago Tribune, included the following:

The Illinois State Bar Association
The Chicago Bar Association
The Kane County Bar Association
The Du Page County Bar Association
The Lake County Bar Association
Illinois Chapter of the American Academy of Matrimonial Lawyers
Archdiocese of Chicago Domestic Violence Outreach
Jewish Child & Family Service
The Illinois Coalition Against Domestic Violence

Grandparents Raising Grandchildren: Illinois Law on Legal Standing

Published on: August 6, 2018 | Kollias, P.C.

In society today, how we define what makes up a family is extremely diverse. Many children today are born and raised in unmarried or single-parent households. Often, extended family members, including grandparents, aunts, uncles, and adult siblings, raise and even adopt children. Courts previously made rulings and upheld laws in family cases based on what a “traditional” family looked like and to protect children who grew up in families outside that perceived norm.

However, in 2000, the U.S. Supreme Court acknowledged that what was once considered a “traditional” family was outdated and inaccurate. In the 2000 case of Troxel v. Granville, Justice O’Connor noted, “The composition of families varies greatly from household to household. While many children may have two married parents and grandparents who visit regularly, many other children are raised in single-parent households.”