In Re Marriage of Hansel

852 N.E.2d 548, 366 Ill. App. 3d 752, 304 Ill. Dec. 298, 2006 Ill. App. LEXIS 581
CourtAppellate Court of Illinois
DecidedJuly 7, 2006
Docket3-05-0749 Rel
StatusPublished

This text of 852 N.E.2d 548 (In Re Marriage of Hansel) 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 Hansel, 852 N.E.2d 548, 366 Ill. App. 3d 752, 304 Ill. Dec. 298, 2006 Ill. App. LEXIS 581 (Ill. Ct. App. 2006).

Opinion

JUSTICE HOLDRIDGE

delivered the opinion of the court:

The defendant, Kristina Hansel, n/k/a Kristina Kuksta, appeals from the October 12, 2005, order of the circuit court of Will County denying her petition to remove the parties’ minor child, Ciara Hansel, to North Carolina. On appeal, Kristina argues that the trial court’s denial of her removal petition was against the manifest weight of the evidence. We affirm.

The parties were married in 1994. Ciara, the parties’ only child, was born on January 27, 1996. The parties were divorced on February 28, 2001. The judgment for dissolution incorporated a joint parenting agreement which provided joint custody. Ciara resided with Kristina, while Keith had liberal and extensive visitation.

On May 18, 2005, Kristina petitioned for leave to remove Ciara to North Carolina. At the time the petition was filed, Ciara was nine years old. In her petition, Kristina alleged that her intended husband, John Corry, lived in North Carolina, where he operated several business enterprises. Kristina alleged that she wished to move to North Carolina after her marriage to John and that moving Ciara with her was in the best interest of Ciara.

The trial court conducted a hearing on Kristina’s petition on eight days between September 21, 2005, and October 12, 2005. Kristina testified that if the requested removal were allowed, she would be able to not work and thus devote more quality time to Ciara. Kristina testified that she currently was employed as a Catholic schoolteacher at St. Alphonsus in Lemont, Illinois. Ciara attended school at St. Alphonsus. Kristina’s work required her to be at school 50 to 60 hours per week. Kristina’s work schedule required Ciara to arrive at school at 6:30 a.m. and stay until 4:30 p.m. along with Kristina. One night per week, Kristina worked late while Ciara had visitation with Keith. Kristina also worked weekends; oftentimes Ciara would accompany Kristina to work on Saturdays.

Kristina earned approximately $25,000 per year. Due to John’s income level, Kristina would not have to work, thus not only giving her more time for Ciara, but also increasing family income, which Kristina claimed was also a benefit to Ciara. The record indicates that Keith pays approximately $27,000 per year in child support for Ciara.

Kristina also testified that a move to North Carolina would provide Ciara with more opportunities for her to interact with friends and engage in extracurricular activities, things that she could not do currently due to the fact that she had to spend so much time at school while her mother worked. Kristina also testified that, in her opinion, the school Ciara would attend in North Carolina, St. Mark’s elementary, had more to offer and was better than St. Alphonsus.

Keith testified that after his divorce from Kristina, he moved to an apartment only one mile from Kristina and Ciara, so that he could be close to Ciara. The parties’ dissolution agreement gave Keith visitation with Ciara every other weekend from Friday until Monday morning, as well as overnight visitation on alternating Thursday nights. Additionally, he would also have a minimum of another four hours of visitation weekly. Keith also had two weeks’ visitation each summer. He exercised all of his visitation.

In addition to the scheduled visitation, the record established that Keith had extensive contacts with Ciara, attending extracurricular events, school events, sporting events, etc. According to Keith, he is very involved in Ciara’s school and extracurricular activities.

Dr. Roger Hatcher, a clinical psychologist retained by Keith, was ordered by the court, pursuant to section 604.5 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/604.5 (West 2002)), to evaluate whether removal would be in the best interest of Ciara. Dr. Hatcher testified that he met with Kristina and Keith on eight separate occasions and with Ciara on two occasions. He administered various tests to all three. Based on the meetings and the test results, Dr. Hatcher prepared a 12-page report recommending that Ciara not be removed to North Carolina, noting that the proposed separation from Keith would actually harm Ciara.

Dr. Hatcher testified that the proposed move would actually harm Ciara in that it would reduce significantly the involvement of her father in her life. Dr. Hatcher pointed out that research showed to his satisfaction that adolescent girls whose fathers are relatively absent from their lives have greater social problems than girls with fathers active in their lives. Dr. Hatcher also commented that Ciara had a close relationship to her extended family, all of which resided in the area. Dr. Hatcher indicated an especially close relationship with Ciara’s grandparents and great-grandmother. His expert opinion was not refuted by other expert testimony.

Following the hearing, the trial court denied Kristina’s petition for removal. In making its removal determination, the trial court considered, among other factors, whether allowing removal would enhance the general quality of life for Ciara. The trial court found that removal would not enhance Ciara’s quality of life. Pointing to Keith’s extensive visitation and contacts with Ciara, her contacts with family members, and Dr. Hatcher’s opinion as primary factors, the trial court found that removal would provide little enhancement.

Kristina argues on appeal that the trial court’s decision to deny her petition for removal was against the manifest weight of the evidence. Section 609 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609 (West 2002)) governs requests for removal. That section provides:

“The court may grant leave *** to any party having custody of any minor child or children to remove such child or children from Illinois whenever such approval is in the best interests of such child or children. The burden of proving that such removal is in the best interests of such child or children is on the party seeking removal.” 750 ILCS 5/609(a) (West 2002).

As explained by our supreme court in In re Marriage of Eckert, 119 Ill. 2d 316, 325 (1988), the paramount question in a removal action is whether the move is in the best interests of the child. A determination of a child’s best interests can often be difficult for a trial court to make. Such a determination cannot be reduced to a simple bright-line test but, rather, must be made on a case-by-case basis, depending upon the circumstances of each case. Eckert, 119 Ill. 2d at 326. A trial court’s determination of what is in a child’s best interests should not be reversed unless it is clearly against the manifest weight of the evidence and it appears that a manifest injustice has occurred. Eckert, 119 Ill. 2d at 328.

A trial court should hear any and all relevant evidence before making its determination, keeping in mind five salient factors. Eckert, 119 Ill. 2d at 326.

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In Re Marriage of Eckert
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Bluebook (online)
852 N.E.2d 548, 366 Ill. App. 3d 752, 304 Ill. Dec. 298, 2006 Ill. App. LEXIS 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-hansel-illappct-2006.