The court granted the emergency motion of the mother. Father’s parenting time was restricted due to his conduct during his parenting time with his 2 minor children.

Father used profanity. He spoke poorly of their mother. He threatened dangerous punishment. He showed an inability to control his anger.

The trial court found that the father’s conduct placed a significant emotional and mental toll on the children. Father appealed.

Father argued the trial court’s judgment should be reversed. He argued that the wife failed to present sufficient evidence. He claims that she did not show his conduct seriously endangered his children’s mental and emotional health.

He argued the court abused its discretion by finding the testimony of his ex-wife and minor daughter was sufficient to meet the serious endangerment standard. The wife maintained she presented sufficient evidence for the court to conclude husband’s conduct seriously endangered the children’s mental and emotional health.

The appellate court agreed with the trial court. Father’s parenting time was restricted due to his behavior.

‘Husband may continue to contend his behavior is not inappropriate or harmful to the children. But, he, must acknowledge court decisions have concluded otherwise.

He is in control of his behavior and reactions to the frustration that often arises in visitations and in control of what changes he needs to make. We urge both parties to communicate with each other and to not use the children as a conduit for that communication. Without positive change, visitation may continue to be filled with conflict or dwindle, and that would damage everyone.’

In re Marriage of Mayes, 2018 IL App (4th) 180149 (September 4, 2018)

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