Respondent appealed from a trial court order denying her third amended petition to modify the parenting time and joint decision-making allocation with the petitioner. Respondent argued on appeal that the trial court erred when it removed an obligation for the parties to abide by the recommendations of professionals and treatment providers when making significant decisions for their children and the trial court erred by not dissolving joint decision-making in her favor because the parties were unable to successfully co-parent. The appellate court reversed and remanded, finding that the trial court’s decision to modify the allocation agreement was manifestly erroneous and remanded with instructions for the trial court to review its modification decision according to the best interests of the parties’ children. The appellate court further found that the trial court applied the incorrect standard in denying the parties’ respective petitions for decision-making and instructed the trial court to consider the parties’ joint decision-making arrangement pursuant to sections 602.5 and 610.5 of the Illinois Marriage and Dissolution of Marriage Act. (McDADE and BRENNAN, concurring)
Illinois Appellate Court
Civil Court
Parenting Time