In re Marriage of Collingbourne

Procedural entryThis page is a short order in In re Marriage of Collingbourne. Read the opinion of the Court — 204 Ill. 2d 498
Illinois Supreme Court·Decided May 22, 2003·No. 94677 Rel·Published

Opinion

Docket No. 94677–Agenda 15–March 2003.

In re MARRIAGE OF SORYIA COLLINGBOURNE, Appellant, and GEOFF B. COLLINGBOURNE, Appellee.

Opinion filed May 22, 2003.

CHIEF JUSTICE McMORROW delivered the opinion of the court:

Soryia Collingbourne, the custodial parent of the parties’ minor son Tyler, filed a petition in the circuit court of Kane County for leave to remove Tyler from the State of Illinois to Massachusetts. The circuit court granted the petition for removal, finding that the best interests of Tyler would be served by allowing him to move to Massachusetts with his mother. A majority of the appellate court reversed, holding that the circuit court’s decision to grant the petition for removal was against the manifest weight of the evidence. 332 Ill. App. 3d 665. For the reasons that follow, we reverse the judgment of the appellate court.

BACKGROUND

Soryia and Geoff Collingbourne were married on June 13, 1985. As a result of the marriage, two children were born to the parties: Geoffrey, born January 11, 1986, and Tyler, born January 10, 1991. The parties’ marriage was dissolved on September 1, 1999. The judgment for dissolution of marriage incorporated a marital settlement agreement, which provided that although Soryia and Geoff were to have joint custody of the children, Soryia was awarded sole physical custody of Tyler, and Geoff was awarded sole physical custody of Geoffrey. The marital settlement agreement also incorporated a joint parenting agreement. The joint parenting agreement reiterated that although the parties were awarded joint custody of both children, the physical custody of the children was split between the parents. The joint parenting agreement specifically provided that both parties were to have equal rights and responsibilities for the major decisions in connection with the education, recreation, health care and religious training of the children. However, the agreement left day-to-day decisions with respect to the children within the sole discretion of the custodial parent. The joint parenting agreement also set forth the visitation schedule between the parents and the children. Each parent was to have both children every other weekend, and the parties agreed to have the children on alternate holidays. The agreement also allowed additional visitation, as authorized.

On June 15, 2001, Soryia petitioned the circuit court of Kane County for the removal of Tyler, then 10 years of age, from Illinois to the State of Massachusetts. In her petition, Soryia alleged that she had become engaged to Mark Rothman, who resided in Sharon, Massachusetts. For the past 11 years, Mark had owned and operated his own business in Sharon, Mark Rothman & Associates, and his business prevented him from relocating from that geographic area. Soryia also alleged in her petition that upon moving to Sharon, she would become an employee of Mark’s business, earn an annual base salary of $75,000, and, due to a series of incentives, had the potential to increase her income up to $100,000 per year. Soryia stated that she was currently employed by PetAg, Inc., with a base annual salary of $50,000. Soryia alleged, however, that her employment with PetAg was “in jeopardy due to the company’s severe financial difficulties.” Soryia stated that PetAg plant workers “have had their pay cut up to 50%,” and that because “[c]ompany bonuses have been terminated due to said financial problems,” she did not receive her quarterly financial bonus.

Soryia further alleged in the petition that, in addition to the better financial opportunity that the move to Massachusetts would provide, she would also not be required to travel on overnight business trips, as she was frequently required to do as part of her employment with PetAg. Soryia also stated that in her new position she could structure her work hours so that she could be home with Tyler before and after school. Soryia contrasted this with her current work arrangement, which required Tyler to spend one hour in the morning and two hours after school in day care. During the summer months, Tyler’s time in day care increased to nine hours per day, coinciding with Soryia’s work schedule. Soryia alleged that Tyler “expressed his displeasure” with this situation.

In addition, Soryia alleged that under her current work arrangement, it was difficult for Tyler to engage in extracurricular activities. According to Soryia, if she and Tyler were allowed to move to Massachusetts, Tyler could become involved in many extracurricular activities, including sports, music, theater, and dance. Soryia also alleged that Tyler would reap an academic benefit from the move, based upon her opinion that the Sharon school district was “significantly better” than the Hampshire school district in which Tyler was currently enrolled.

Soryia further alleged in the petition that Tyler’s residence and community would be enhanced, as the move would allow Tyler to live in a three-bedroom, 3,000 square foot home, surrounded by woods. At the time Soryia filed the petition, she and Tyler were living in a two-bedroom apartment in Huntley, which afforded Tyler with limited access to children of his own age.

Soryia also alleged in the petition that Geoff “has not actively participated” in Tyler’s day-to-day life, and that on numerous occasions Geoff has worked on Saturdays rather than spend his entire scheduled visitation time with Tyler.

In sum, Soryia alleged that as a result of the financial and other opportunities offered by the move, the quality of both her and Tyler’s lives would be significantly enhanced. Soryia alleged that bettering the quality of life for both herself and Tyler was the only motive for her move. As evidence of her good faith, Soryia proposed a visitation schedule that would provide Geoff with more time with Tyler than he had under the existing visitation arrangement, with visitation periods of an extended duration. With respect to visitation between Tyler and his brother Geoffrey, Soryia noted that Geoffrey was nearly 16 years old and that he and Tyler did not share many of the same interests and did not spend a substantial amount of time together. Nevertheless, under the proposed visitation schedule, Soryia asserted, they would also have an increased amount of visitation time together.

On July 12, 2001, Geoff filed his answer to Soryia’s removal petition. Geoff denied that he was not actively involved in Tyler’s life, and also denied that he chose to work on Saturday rather than spend scheduled visitation time with Tyler. Geoff did admit, however, that due to his profession as an electrician, he sometimes had to work on Saturday mornings during the summer, and that this conflicted with the scheduled visitation.

It was Geoff’s position that Soryia was seeking to improve only the quality of her own life, and that Tyler’s quality of life would be adversely affected if Tyler were separated from his father, brother, extended family, friends, and the community in which he had been raised. Geoff also stated that both his fiancee, Carol Lynn, and his sister, Lori Price, had offered to provide occasional day care for Tyler. In addition, Geoff observed that the Hampshire park district could provide Tyler with the opportunity for several extracurricular or after-school activities. Geoff maintained that Soryia’s proposed visitation schedule would deny him ongoing contact with Tyler, and would deny Tyler contact with his brother. Geoff maintained that his objections to Tyler’s removal were in the child’s best interests, and requested that the court deny the removal petition.

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In re Marriage of Collingbourne, (Ill. 2003).

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