In Re Marriage of Kramer

570 N.E.2d 422, 211 Ill. App. 3d 401, 155 Ill. Dec. 909, 1991 Ill. App. LEXIS 359
CourtAppellate Court of Illinois
DecidedMarch 14, 1991
Docket1—89—0973, 1—89—1806, 1—89—2887, 1—89—3040 cons.
StatusPublished
Cited by12 cases

This text of 570 N.E.2d 422 (In Re Marriage of Kramer) 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 Kramer, 570 N.E.2d 422, 211 Ill. App. 3d 401, 155 Ill. Dec. 909, 1991 Ill. App. LEXIS 359 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE JIGANTI

delivered the opinion of the court:

These cross-appeals stem from a petition brought by the respondent Toby Kramer requesting that custody of the parties’ son, Adam Kramer, be changed from the petitioner, Ruth Goran, to the respondent. Custody had been originally awarded to the petitioner pursuant to a family settlement agreement which was incorporated into the divorce decree. Following a trial on the petition, the trial court ordered a change of custody from the petitioner to the respondent. The petitioner has appealed this order on the grounds that it was against the manifest weight of the evidence. The petitioner also contends that a judgment of indirect criminal contempt against her must be reversed for lack of sufficient evidence and that the court abused its discretion in determining child support and in apportioning attorney fees. The respondent has cross-appealed from the denial of his request that the petitioner be ordered to pay his attorney fees as well as those incurred by the minor child.

The parties were married on August 18, 1974, and their only child, Adam, was born on December 10, 1979. They were separated in September of 1981 and divorced on May 25, 1982. On September 29, 1982, a family settlement agreement was incorporated into the divorce decree giving Ruth custody of Adam and providing Toby with visitation.

Toby filed his petition for a change of custody on June 25, 1985. The petition alleged that Ruth consistently violated the provisions of the family settlement agreement by refusing Toby visitation and by violating that portion of the agreement which specified that “[b]oth Husband and Wife will use their best efforts to foster the respect, love and affection of the child towards each parent and shall cooperate fully in implementing a relationship with the child that will give the child the maximum feeling of security that may be possible.” The petition further alleged that Ruth’s denial of visitation necessitated several court orders to enforce Toby’s visitation privileges, and that Ruth failed to comply with the terms of those orders. The petition specifically alleged that contrary to Adam's best interest, Ruth "continuously advises [Adam] that [Toby] does not love him and does not care to visit with him” when it was she who had in fact been preventing the visits. The petition requested in part that custody of Adam be given to Toby and that Ruth be required to show cause why she should not be held in contempt of court for her refusal to comply with various court orders.

The trial on Toby’s petition for a change of custody involved 60 days of trial testimony covering approximately 6,000 pages of transcript. Essentially, Toby’s position at trial was that, contrary to the terms of the family settlement agreement and to Adam’s best interest, Ruth did everything in her power to destroy the father-son relationship between Toby and Adam and to eliminate Toby from Adam’s life. Toby testified that problems with visitation began immediately after the parties’ separation and continued until the time of the proceedings on the petition. Although testimony was presented as to each specific date on which visitation was denied over the course of approximately seven years, it is neither practical nor beneficial to set out the testimony in detail. The record contains numerous instances in which visitation was frustrated because Adam and Ruth were not' at home or because Ruth told Toby that Adam was too ill to go on the visit. A court order was entered providing that Toby, a licensed physician, be allowed to examine Adam whenever illness was given as a reason for canceling a visit. However, Ruth failed to comply with the order, and Toby was never allowed to examine Adam to verify a claim of illness. Toby testified that his requests for make-up visits were either denied or that Ruth imposed conditions that made the dates unacceptable.

Toby testified that Ruth consistently denied him telephone access to Adam despite a court order providing specific days and times for such access. Toby stated that he would leave messages on an answering machine, but that his calls were rarely returned.

Toby stated that Ruth enrolled Adam in school under the surname Goran, Ruth’s maiden name, and refused to give Toby any information about the school. Toby discovered where Adam was enrolled by calling all of the private schools in the area. Toby then testified to a number of ways in which Ruth interfered with the relationship between Adam and him. In addition to changing his surname, Ruth told Adam that the divorce meant that Toby was no longer his father; Ruth told Adam that her husband, Fred Dry, was his “daddy”; Ruth denigrated Toby in front of Adam; and she engaged in behavior during the transfers which was calculated to make Adam feel that he was entering a dangerous situation when he visited with Toby and his wife, Susan Kramer. Toby stated that Ruth would call Adam during the visits and tell him not to worry because he would be coming home soon. Also, she gave him small gifts that were to be opened each day during extended visits.

Two employees of Legal Social Work, Ltd., Linda Hansen and Michelle Leonardi, testified concerning the difficulties with transfers, visitation and telephone access. The agency had been appointed by the court to monitor visitation. Hansen testified that at times Ruth would cancel a visit without giving any reason. When Ruth claimed that Adam was ill, she would not allow Toby to examine the child pursuant to the court order. Leonardi testified that Ruth attempted to involve Adam in her complaints against Toby and his wife. Leonardi testified to the excessively protective behavior exhibited by Ruth and her family when Adam was leaving for and returning from visits. According to Leonardi, Ruth and members of her family would escort Adam to the car, holding his hands, when he left for a visit. On one occasion Leonardi brought Adam home 15 minutes late because of traffic problems. Ruth, her parents, Fred Dry and Ruth’s sister and brother-in-law were waiting in front of the house. When she saw the car pull up, Ruth ran across the street letting out short screams. She cradled Adam in her arms telling him how much she missed him and how worried they all were. Leonardi stated that this type of behavior ereated tension in Adam, and she suggested a “buffer zone,” which was a five-foot distance in which Adam would walk alone from one parent to the other. Ruth would not comply with the suggestion.

Dr. Bennett Leventhal, the head of child psychiatry at the University of Chicago, was appointed by the court to examine Ruth, Toby and Adam and testified at trial as an expert witness. Leventhal testified that in his opinion it was in Adam’s best interest to transfer custody to Toby. Leventhal stated that children of divorced parents are best able to adjust where the following factors are present: free access by the child to both parents; isolation from conflicts between the parents; free access to the child by the noncustodial parent; and no significant economic hardship as a result of the divorce. According to Leventhal, Ruth has not provided Adam with the necessary guidance and support to allow him to develop and sustain a relationship with Toby. Instead, Ruth attempted to eliminate Toby from Adam’s life. She inhibited Adam’s access to Toby and gave Adam the impression that Toby did not care for him and that Adam was going into an unsafe situation when he visited Toby.

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Cite This Page — Counsel Stack

Bluebook (online)
570 N.E.2d 422, 211 Ill. App. 3d 401, 155 Ill. Dec. 909, 1991 Ill. App. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-kramer-illappct-1991.