In re Marriage of Milne

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Citation
Case Number: 
2018 IL App (2d) 18009
Decision Date: 
Thursday, August 2, 2018
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN

Court denied Respondent husband motion to dismiss petition for dissolution filed by wife. Court properly determined that Illinois is home state of the children of the parties, under the UCCJEA. Intent of parties, especially as stated in consent order, and objective circumstances during relevant period, show that parties intended that their Canadian residency would be only temporary. Court could have reasonably declined to find that wife had unclean hands where she asserted a potentially valid reason for returning to Illinois. (HUDSON and BIRKETT, concurring.)