In Re Marriage of Collingbourne

774 N.E.2d 448, 332 Ill. App. 3d 665, 266 Ill. Dec. 342, 2002 Ill. App. LEXIS 657, 2002 WL 1767270
CourtAppellate Court of Illinois
DecidedJuly 30, 2002
Docket2-01-1079
StatusPublished
Cited by3 cases

This text of 774 N.E.2d 448 (In Re Marriage of Collingbourne) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Collingbourne, 774 N.E.2d 448, 332 Ill. App. 3d 665, 266 Ill. Dec. 342, 2002 Ill. App. LEXIS 657, 2002 WL 1767270 (Ill. Ct. App. 2002).

Opinions

JUSTICE McLAREN

delivered the opinion of the court:

Petitioner, Soryia Collingbourne, filed a petition to remove her minor child, Tyler, from the State of Illinois. The trial court granted the petition. Respondent, Geoff B. Collingbourne, the father, appeals. We reverse.

Petitioner and respondent dissolved their marriage on September 1, 1999. Two children had been born to the parties during their marriage — Geoff, born January 11, 1986, and Tyler, born January 10, 1991. The judgment for dissolution of marriage incorporated a marital settlement agreement and a joint parenting agreement. Pursuant to the terms of the joint parenting agreement, the parties were awarded joint custody of the children. However, the primary residential custody of the children was split. Respondent had primary residential custody of Geoff, and petitioner had primary residential custody of Tyler.

On June 15, 2001, petitioner filed a petition to remove Tyler from the State of Illinois to the State of Massachusetts. An evidentiary hearing was conducted. Petitioner testified that she was engaged to be married to Mark Rothman, who resides in Sharon, Massachusetts, a town located one-half hour from Boston and one-half hour from Providence, Rhode Island. She wanted to move to Sharon, Massachusetts, with Tyler so she could be with Mr. Rothman. Mr. Roth-man owns a three-bedroom home on 1.5 acres in Sharon and owns a sales manufacturing business.

At the time of the hearing, Tyler was 10 years old. The apartment he shared with petitioner had two bedrooms and two baths and did not have a yard. Petitioner is employed as a sales manager for Pet-Ag, Inc., located in Hampshire, earning approximately $50,000 annually and working 40 hours per week. If petitioner moved to Massachusetts, she would work for Mr. Rothman’s company in sales and would work during Tyler’s school hours only. Petitioner’s current position required her to place Tyler in day care from the end of the school day at 2:30 p.m. until she picks him up between 5:30 and 6 p.m.

Tyler attends Hampshire Elementary School. Petitioner testified that she hired a company known as School Match and purchased information concerning the school system in Sharon, Massachusetts. In her personal opinion, the school system in Sharon would offer Tyler a wonderful education that would be superior to his present school system. Tyler would attend Heights Elementary school, which is located seven minutes from Mr. Rothman’s home and offers a wide range of extracurricular activities.

Petitioner proposed a visitation schedule for Tyler in the event the court granted her petition for removal. The proposal would allow Tyler visitation in Illinois with his father for 8 to 10 weeks during the summer months, during two spring breaks that occur in February and April, during Thanksgiving break, and for a portion of the Christmas break.

Petitioner testified on cross-examination that respondent’s visitation with Tyler, which was once flexible, had become more scheduled. She related a vacation with Mr. Rothman and Tyler wherein Tyler became unhappy and returned to respondent after three days. She is aware that Tyler is very unhappy with the day-care center he presently attends and that respondent’s sister and present wife have offered to watch him some of the days. Petitioner has not followed up to obtain alternate arrangements.

Mark Rothman resides in Sharon, Massachusetts, a town of approximately 16,000 residents. He described the community as affluent and upscale with some of the finest schools in the state. Mr. Roth-man’s business does not allow him to live in the State of Illinois. He has offered petitioner a sales position in his company that would allow her to structure her own work hours. Mr. Rothman testified that he has the financial means to assist in fostering respondent’s relationship with Tyler through out-of-town visitation, computers, e-mail, phone calls, and visits back and forth by airplane.

Mr. Rothman has made frequent trips between Boston and Chicago. The flight time is two hours, and he has experienced delays and cancellation in flights. The travel from his home to the Boston airport is approximately 45 minutes.

Amy Joan Conry was Tyler’s fourth-grade teacher. She described Tyler as an above-average student who is well-behaved. Ms. Conry has been involved with petitioner with respect to Tyler’s education through telephone calls and various school meetings. She saw respondent one time at an open house but has not been involved with him concerning Tyler’s education.

Respondent resides in Hampshire, Illinois, with his wife, Carol Lynn, her 6-year-old son, and his 15-year-old son, Geoff. They live in a single-family home consisting of three bedrooms with a backyard. His home is located eight blocks from Hampshire Elementary School, where Tyler has attended since kindergarten.

Respondent is employed as an electrician. He works 40 hours per week from 7 a.m. until 2:30 or 3 p.m. His annual earnings at a rate of $33 per hour total $70,000. Respondent’s wife, Carol Lynn, is employed part-time as an ultrasound technician. She works three days per week from 8 a.m. until 5 p.m. The current visitation schedule for Tyler allows respondent to have Tyler at his home two weekends every month, starting on Friday evening and ending on Sunday evening. Respondent testified that he has never missed his weekend visitation with Tyler. The allotted visitation was shortened only if respondent had to work for half a day on a Saturday, which meant he would miss four hours at the most. During this time, Tyler stayed with either his brother or his mother. In the past respondent’s visitation with Tyler was very flexible, occurring virtually any time that he wanted to see Tyler and was able to care for him, including both weekdays and weekends. In the months prior to the hearing, petitioner would not allow respondent to pick Tyler up from school and take him home until she picked him up after work. Instead, petitioner enrolled Tyler in day care.

Respondent has family living in the Hampshire area, including several cousins, aunts, uncles, and grandparents. Tyler would see his extended family often but now only sees them approximately one time per month.

Respondent described his relationship with Tyler as very close and loving. He opposes petitioner’s move to Massachusetts with Tyler. Respondent believes it is in Tyler’s best interests to stay in Illinois with him and his extended family. He described his wife’s relationship with Tyler as good. There have been some problems with jealously between Tyler and Carol Lynn’s son, but respondent indicated the relationship is getting better.

The trial court conducted an in camera interview of Tyler. At the time of the interview, Tyler was 10 years old. When asked about his thoughts concerning Boston and a proposed move, he responded that it was “okay.” He stated that he was “scared” about the move because he does not want to leave his father. He further stated that he has informed his mother he does not want to move to Boston and was unsure of whether the proposed move was even going to happen.

He stated that his mother travels out of town for work three times per month and that either, his father or his mother’s friend will watch him.

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Related

In re Marriage of Collingbourne
Illinois Supreme Court, 2003
In Re Marriage of Collingbourne
774 N.E.2d 448 (Appellate Court of Illinois, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
774 N.E.2d 448, 332 Ill. App. 3d 665, 266 Ill. Dec. 342, 2002 Ill. App. LEXIS 657, 2002 WL 1767270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-collingbourne-illappct-2002.