In re Marriage of Denosky

Illinois Appellate Court
Civil Court
Child Custody
Citation
Case Number: 
2016 IL App (5th) 150242
Decision Date: 
Wednesday, March 23, 2016
District: 
5th Dist.
Division/County: 
Franklin Co.
Holding: 
Reversed and remanded.
Justice: 
WELCH

s(Court opinion corrected 3/24/16.) In custody trial, court erred in allowing paternal grandmother to testify as an expert witness and give undisclosed opinions as to the parties' minor children, as father's attorney gave supplemental discovery responses less than 24 hours prior to start of trial, advising that father would use paternal grandmother as an expert.  Court heavily relied on grandmother's expert testimony when formulating opinion as to child's autism diagnosis and future management, and this opinion was basis of court's finding that remaining in current school system was in children's best interest.  Thus, tesimony of grandmother as expert was highly prejudicial to mother's case.  Father's counsel violated Rule 213(f) with late disclosure, which requires appropriate sanction under Rule 219(c).  Thus, reversed and remanded for new trial to provide mother the opportunity to depose grandmother and/or respond with her own expert. (GOLDENHERSH and CATES, concurring.)