In re Marriage of McCormick

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 120100
Decision Date: 
August 26, 2013
District: 
2d Dist.
Division/County: 
Winnebago Co.
Justice: 
JORGENSEN
Holding: 
Affirmed.
Husband brought second postdecree contempt proceedings for violations of underlying visitation order. First proceeding alleged that father had missed numerous visits with each of his three sons, due to wife prioritizing children's wishes for activities and time with friends over visitation with their father. Circuit court initially found no contempt, but appellate court reversed. Appellate court, in reviewing second alleged violations in light of trial court's initial ruling of no contempt, finds that trial court, in finding no contempt, misled wife by suggesting that she could legitimately second-guess the visitation schedule, and thus wife did not willfully disrespect order of court in second period of time. (BURKE and SCHOSTOK, concurring.)