In re Marriage of Doe

Illinois Appellate Court
Civil Court
Due Process
Citation
Case Number: 
2024 IL App (1st) 230935
Decision Date: 
Friday, February 23, 2024
District: 
1st Dist.
Division/County: 
6th Div./Cook Co.
Holding: 
Reversed and remanded.
Justice: 
TAILOR

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)