In re Marriage of Eckersall

Illinois Supreme Court
Civil Court
Visitation
Citation
Case Number: 
2015 IL 117922
Decision Date: 
Friday, January 23, 2015
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appeal dismissed.
Justice: 
FREEMAN
(Modified upon denial of rehearing 3/23/15.) Court entered order finalizing parties' divorce in June 2014, which superseded July 2013 order which children's representative presented to the court as a proposed "form" order he described as "prophylactic" order, as parties, though agreeing on visitation schedule, could not agree as to terms and conditions of visitation. Wife objected to order on basis that it infringed on her right to parent and communicate with children. Order finalizing divorce rendered appeal moot. Public interest exception to mootness doctrine does not apply. "Form" order is used only in Cook County dissolution proceedings when parties cannot agree on terms and conditions of visitation, and issue does not significantly affect public as a whole. (GARMAN, THOMAS, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)