In Re Marriage of Seffren

852 N.E.2d 302, 366 Ill. App. 3d 628, 304 Ill. Dec. 52, 2006 Ill. App. LEXIS 528
CourtAppellate Court of Illinois
DecidedJune 21, 2006
Docket1-04-3775
StatusPublished
Cited by13 cases

This text of 852 N.E.2d 302 (In Re Marriage of Seffren) 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 Seffren, 852 N.E.2d 302, 366 Ill. App. 3d 628, 304 Ill. Dec. 52, 2006 Ill. App. LEXIS 528 (Ill. Ct. App. 2006).

Opinion

JUSTICE ERICKSON

delivered the opinion of the court:

The marriage between petitioner Colleen Seffren, now known as Colleen Foley, and respondent Randal Seffren was dissolved in 1997. Respondent thereafter filed several postdecree motions in which he sought to suspend petitioner’s visits with the parties’ children, to add petitioner’s live-in boyfriend, Keane Taylor, as a third-party respondent, and to enjoin Taylor from having any contact with the parties’ children or from residing in petitioner’s home. The circuit court granted respondent’s motion to add Taylor as a third party and entered a permanent injunction. On appeal, Taylor argues: (1) the circuit court lacked jurisdiction to add him as a third-party respondent; (2) Cook County was not the proper venue; (3) the circuit court lacked authority to enter a permanent injunction without holding an evidentiary hearing; and (4) the circuit court erred in denying his motion to reconsider.

BACKGROUND

On December 29, 1997, the circuit court of Cook County entered a judgment dissolving the marriage between petitioner and respondent. Incorporated into that judgment was a joint parenting agreement establishing that the parties’ two children, a daughter born in 1991 and a son born in 1993, would reside with each parent on alternating weeks (the alternating weekly parenting schedule).

Petitioner began dating Taylor around the time of dissolution, and at some point, Taylor moved into petitioner’s home located in Deer-field, Lake County. Taylor and petitioner are not married and it is not disputed that Taylor has no interest in petitioner’s home.

On May 25, 2004, respondent filed in the circuit court of Cook County an emergency petition to suspend petitioner’s visitation or parenting time, alleging that visitation with petitioner while she resided with Taylor seriously endangered the physical, mental, moral or emotional health of the children and that the children were afraid of Taylor. Respondent alleged petitioner had represented that Taylor would be moving out of her home. He also alleged that Taylor had gained access to petitioner’s house by breaking a window when the daughter was present after petitioner had tried to keep him out. Attached to the petition were reports from the children’s psychiatrist, Dr. Levin, outlining the negative effects, including depression and anxiety, the children experienced due to Taylor’s presence in petitioner’s home. Dr. Levin also reported that the daughter desired to injure herself and had suicidal thoughts. He recommended that any contact between the children and Taylor discontinue immediately. The petition was also supported by respondent’s affidavit.

On that same date, the circuit court entered an order terminating the alternating weekly parenting schedule and ordering that the children reside with respondent until such time as Taylor has permanently vacated petitioner’s home and that petitioner take all action to ensure that Taylor have no contact with the children. The court allowed petitioner reasonable visitation away from Taylor and her home and continued the matter to May 28, 2004.

On May 28, 2004, the court entered an order substantially similar to the one entered on May 25 after petitioner failed to appear in court and set the matter for a status hearing on June 29.

On June 23, 2004, respondent filed a motion to add Taylor as a third-party respondent. 1 Respondent alleged that petitioner “flagrantly disregarded” the court’s previous orders on several occasions and stated “[i]t is imperative that this court have jurisdiction over [Taylor] in order to enjoin him from various destructive and dangerous activities.” Notice of that motion was sent to petitioner and the matter was set for June 29. On that date, Cook County Circuit Court Judge Barbara Riley entered an order adding Taylor as a third-party respondent and ordering that the alternating weekly parenting schedule cease. Petitioner was allowed reasonable visitation.

Respondent, on July 7, 2004, filed a petition pursuant to sections 11 — 101 and 11 — 102 of the Code of Civil Procedure (735 ILCS 5/11— 101, 11 — 102 (West 2004)) and section 501 of the Illinois Marriage and Dissolution of Marriage Act (the Act) (750 ILCS 5/501 (West 2004)) seeking injunctive relief against Taylor. Respondent alleged facts similar to those previously stated and added that Taylor had threatened respondent and, despite the court’s previous orders, continued to be present at petitioner’s home. Respondent sought a temporary restraining order (TRO) without notice or bond and a preliminary injunction enjoining and restraining Taylor from all contact with the children, from residing at petitioner’s home, from having a key to petitioner’s home, and from having any contact with respondent or his wife. Cook County Circuit Court Judge Melvin Cole entered the TRO, which was set to expire on July 14, the date of the hearing on the preliminary injunction.

Taylor was served with summons, the petition for an injunction, and the TRO on July 8, 2004, at an apartment building in Highland Park. Counsel for Taylor then entered a special and limited appearance on July 13. On July 14, the parties entered an agreed order continuing the TRO and the hearing on the preliminary injunction until July 16. In that order, Taylor’s attorney indicated he was unavailable to appear in court and was seeking a continuance “without waiving objection to venue and jurisdiction.” The following day, Taylor’s attorney filed a “Motion to Dismiss Keane Taylor as a Third Party for Lack of Jurisdiction.” Taylor argued in that motion that “the court did not have jurisdiction over him” because he was a resident of Highland Park in Lake County and because the actions complained of in respondent’s petition for injunctive relief occurred in Lake County. He also argued that he was not subject to the Act because he was not party to the Seffrens’ original dissolution action. The only statutory provision Taylor relied on in the motion was the general venue provision of the Code of Civil Procedure (735 ILCS 5/2 — 101 (West 2004)). That motion was noticed for July 16.

In the meantime, on July 9, 2004, Cook County Circuit Court Judge Raymond Figueroa entered an agreed order resuming the alternating weekly parenting schedule. The order also stated that petitioner “shall take all action, including all legal remedies necessary to ensure that [Taylor] has no contact with the minor children *** including face-to-face interaction at home or away from home, phone calls, phone messages, letters, emails [sic] messages and the like,” and that if Taylor had contact with the children, whether or not invited by petitioner, the alternating weekly parenting schedule would cease and the children would reside with respondent until such time as it could be assured that the children would have no contact with Taylor. A copy of that order was sent to petitioner and Taylor.

When the parties appeared in court on July 16, 2004, the TRO entered on July 7 was set to expire.

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Cite This Page — Counsel Stack

Bluebook (online)
852 N.E.2d 302, 366 Ill. App. 3d 628, 304 Ill. Dec. 52, 2006 Ill. App. LEXIS 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-seffren-illappct-2006.