In re Marriage of Coulter

Illinois Supreme Court
Civil Court
Removal
Citation
Case Number: 
2012 IL 113474
Decision Date: 
Thursday, September 20, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
GARMAN
Parties' Joint Parenting Agreement (JPA) contained language that, when incorporated into judgment of dissolution, was enforceable as order of court, and JPA granted wife leave to remove children to California two years after entry of judgment, provided that she notified husband of her intent to do so. Wife was not required to file petition for modification of custody, or petition for removal. Question of best interest of children was resolved by parties when presenting signed JPA for incorporation into judgment, and resolution was given proper deference by court. (KILBRIDE, FREEMAN, THOMAS, KARMEIER, BURKER, and THEIS, concurring.)