Father filed a complaint to determine parentage in the trial court.  He was initially granted supervised parenting time.   Later, the court entered a parenting order that reserved parenting time for father.  This was because of his incarceration at that time.

The Trial Court entered a preliminary injunction.  The father was stopped from any contact or visitation with his minor biological child.  Not until the resolution of mother’s verified petition for a related adoption with her husband that she recently married.  Father appealed.

The Court considered the best interests of the minor. Uncontroverted allegations in the verified petition to enjoin visitation recounted threats of violence and a risk of abduction if visitation to father were not allowed.  

The verified petition to enjoin visitation was explicit in its allegations.  It included that father had in the past taken the child and refused to advise of his whereabouts.  It threatened the mother that father would take the child from mother.   It stated that father carried a knife and possibly a gun.  And that father threatened that one day he would “take out” the mother and her family and take the child to Mexico. The record demonstrates that the father did not answer these allegations.

After an extensive hearing, the Trial Court reviewed the necessary elements for a preliminary injunction.  It found that Petitioners had met their burden on all elements. The Order was sufficient under Section 11-101 of the Code of Civil Procedure.

The Appellate Court agreed with the Trial Court’s determination.

In re T.M.H., 2019 IL App (2d) 190614 (November 19, 2019)

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