In re Marriage of Tiballi

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 120523
Decision Date: 
June 7, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Justice: 
McLAREN
Holding: 
Affirmed.
In post-decree custody dispute, husband voluntarily dismissed without prejudice his petition to modify custody. Court properly ordered husband to pay fees of Section 604(b) court-appointed custody evaluator (psychologist), as a taxable cost upon voluntary dismissal. The function of a Section 604(b) professional is to advise trial court, not to assist a party in preparing for trial. (HUTCHINSON, concurring; ZENOFF, dissenting.)