Mom appealed. The trial court had denied her petition to move with her minor son. She wanted to move from Illinois to California.  The Appellate Court said that it had no jurisdiction. It could not hear the case.

The court file showed that mom filed her removal petition.  But, the parties had several other petitions still pending in court. Mom had a request for modification of Dad’s support duty.  She also requested attorney fees and costs.  Dad had petitions for custody and a parenting schedule.  The Trial Court had decided not to rule on any of these other petitions yet. Not until the removal petition had been decided.

Those other matters were pending when Mom filed her notice of appeal.  So, the denial of the removal petition was not a final judgment.  It could not be appealed then and there.  A “custody judgment” or a “modification of custody” can be immediately appealed under Supreme Court Rule 304(b)(6). But, not the denial of a petition for removal.

So, the Appellate Court did not have jurisdiction to hear Mom’s appeal.  The order denying removal was not final and appealable. She needed to wait until the other petitions were decided. Then, she could file an appeal. The Appellate Court would have jurisdiction then.

In re Rogan M., 2014 IL App (1st) 132765 (March 7, 2014) REYES.

Share This Story, Choose Your Platform!

Buffalo Grove Law Offices