This was a parentage case. The mother petitioned to remove the minor child to Kentucky. She wanted to live with her new husband. He was in the military. He was residing at Fort Campbell.
The trial court ruled that it was in the child’s best interests to reside in Kentucky. The mother and child moved to Kentucky.
Later, the mother filed a petition to remove the child from Kentucky to Maine. Her husband had been assigned to a ROTC training position.
The trial court denied her petition and she appealed. On appeal, the mother argued that the trial court did not have the authority to hear her petition. She argued that she was already given leave to move to Kentucky. She argued that neither the Illinois Marriage and Dissolution of Marriage Act nor the Illinois Parentage Act, require the parent to seek further leave of court to remove the child again.
The appellate court disagreed. It said that it has the authority to enforce its custody and visitation provisions of its judgment. Therefore, it had the authority to hear the subsequent removal issue.
However, the appellate court reversed the trial court on the second removal issue. It said that the child’s life would be enhanced if the mother was allowed to remove him to Maine.
Banister v. Partridge, 2013 IL App (4th) 120916.
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