Both parties filed a Petition for Exclusive Possession of the Home. She wanted Father to move out. This was while the divorce case was going on.
The mother proved that she and the children’s mental well-being was in danger. The parents simply could not live together.
Mother testified that Father would “stick his chest out” or “move as she was going by”. Then, he would blame her for bumping or pushing him. She said that Father never hit her. He never called the police.
But, she said she was physically afraid of him. There was a constant threat of physical aggression toward her. The mother testified she felt intimidated, bullied, antagonized, and uncomfortable.
Father describes the parties’ living situation as “typical” for that of a divorcing family. He argued that even if everything Mother said was true, it was not enough to remove him from the house.
The Court did remove Father from the house. Father appealed.
The Appellate Court noted that a lot of courts find it difficult to have one parent move out during the divorce case. The Courts often believe that it is best for the children to keep things as they are for as long as possible. That means the parties usually stay in the same house during the divorce.
But, the children were being exposed to a highly negative situation. They were suffering because of their parent’s arguing. It was right to remove a parent in this situation.
In Re The Marriage of Engst, 2014 Il.App.(4th) 131078.
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