Father filed a Motion to Modify the Visitation Notice Provision. It was included in the parties’ agreement for divorce.  The Trial Court denied Father’s motion.

The notice provision said that Father had to give five days’ notice of any changes or cancellations. That is, unless there was an emergency. If he did not give the notice, he would lose his visitation.

Father argued that he could not give the notice. His job required last minute changes in his work schedule. He argued that the notice provision was not in the best interests of the children. He requested that the notice be shortened.

The trial court said that the five-day provision was an agreement between the parties. Father did not prove that there had been a substantial change in the circumstances. From the date of the divorce until now. You have to prove that in order to change the notice requirement.  Or any other modification.

The trial court noted that the father had been at his current job long enough.  He was not in any period of probation. He could have set it up with his employer about his visitation obligations.

The trial court found that the mother was credible.  The father was not credible.  The notice provision was necessary.  Father was abusing the visitation notice. He was attempting to be controlling and manipulative.

Father appealed. The Appellate Court agreed with the trial court.  No change was made.

In re Marriage of Tworek, 2017 IL App (3d) 160188, October 11, 2017.

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