Banister v. Partridge

Illinois Appellate Court
Civil Court
Removal
Citation
Case Number: 
2013 IL App (4th) 120916
Decision Date: 
Tuesday, February 26, 2013
District: 
4th Dist
Division/County: 
Sangamon Co.
Holding: 
Affirmed in part and reversed in part.
Justice: 
STEIGMANN
Mother filed petition to remove 9-year-old child from Illinois (where child's father resided) to Kentucky, two years after marrying a senior enlisted Army soldier who lived in Kentucky. Court granted petition, but then denied mother's later petition to remove child to Maine, after husband received orders to serve as instructor in Maine. Greater geographic distance between Illinois and Maine, as opposed to distance between Illinois and Kentucky, did not warrant denial of mother's removal petition, given mother's testimony about her options and about impact on child's quality of life if petition were denied. (APPLETON and HARRIS, concurring.)