Respondent appealed from a trial court order granting a motion filed by a mother on behalf of her daughter for a plenary order of protection against the respondent father under the Illinois Domestic Violence Act. At the time of the hearing, the daughter was 18 years old; however, the trial court invoked a provision of divorce law permitting a trial court to question a child in camera about allocation of parental responsibility to interview the daughter in camera about the daughter’s claims of abuse, which deprived the father’s attorney from the opportunity to cross-examine. The appellate court held that this procedure violation the father’s due process rights and reversed and remanded. (C.A. WALKER, concurring and ODEN JOHNSON, concurring in part and dissenting in part)
Illinois Appellate Court
Civil Court
Due Process