Monday, June 30, 2008

illinois family law case law updates

Illinois Cases

Civil - Abuse And Neglect/ Termination Of Parental Rights / Guardianship 1st Dist.
In re Mark W., a Minor, No. 1-05-3370 (June 19, 2008) 4th div. (Neville) Affirmed.

Evidence that disabled adult mother of minor was unfit within meaning of Adoption Act by virtue of her failure to maintain a reasonable degree of care and concern and failure to make reasonable progress toward the return of her child is not against the manifest weight of the evidence; because mother, and her guardian were uncooperative, mother's guardian refused to sign consents for State to obtain her progress at therapy, mother and her guardian took advantage of only one fourth of the opportunities given them for visitation, and mother demonstrated no bond with child. Further, mother's guardian, without court order providing for it, was not child's custodian pursuant to provisions of Section 11a-17 of Probate Act, and was not entitled to temporary custody hearing. In addition, considering testimony of child's therapist that it would be detrimental for him to testify, trial court did not abuse its discretion when it refused to allow mother's guardian to call him as wit ness.

Civil - Child Custody/ Attorneys' Fees / Child Representative 1st Dist.
In re Marriage of Thompson, No. 1-06-0472 (June 23, 2008) 1st div. (Cahill) (GARCIA, dissent) Reversed and remanded.

After trial court discharged child representative, and father asked for court to conduct evidentiary hearing on representative's final fee petition, trial court erred when it allowed child representative fees without first conducting an evidentiary hearing.

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