In re Marriage of Williams

2020 IL App (2d) 191149-U

• Court: Appellate Court of Illinois
• Decided: August 25, 2020
• Docket: 2-19-1149
• Status: Unpublished

Opinion

2020 IL App (2d) 191149-U No. 2-19-1149 Order filed August 25, 2020

NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

In re MARRIAGE OF ) Appeal from the Circuit Court THERESA WILLIAMS, n/k/a ) of Winnebago County. Theresa Paradiso, ) ) Petitioner-Appellee, ) ) and ) No. 11-D-1105 ) PATRICK WILLIAMS, ) Honorable ) Joseph J. Bruce, Respondent-Appellant. ) Judge, Presiding. ______________________________________________________________________________

PRESIDING JUSTICE BIRKETT delivered the judgment of the court. Justices Hutchinson and Schostok concurred in the judgment.

ORDER

¶1 Held: The circuit court’s order modifying the allocation of parenting time and ordering the parents to equally share parenting time was not against the manifest weight of the evidence, and its denial of petitioner’s motion in limine seeking to bar certain documents and witness testimony was not an abuse of discretion. Therefore, we affirmed.

¶2 In this post-decree matter, respondent, Patrick Williams, appeals the order of the circuit

court of Winnebago County modifying the allocation of parenting time with his daughter, V.W.,

whom he shares with petitioner, Theresa Paradiso. Under the parties’ prior co-parenting

agreement, V.W. resided with Theresa approximately 60% of the time and with Patrick the 2020 IL App (2d) 191149-U

remaining 40%. Following an extensive hearing on Patrick’s motion to modify the allocation of

parenting time, wherein he sought the majority of parenting time, the circuit court granted the

motion but entered an order providing an equal allocation of parenting time between the parties.

Patrick contends on appeal that, although the circuit court correctly found there was a substantial

change in circumstances that necessitated a change in the allocation of parenting time, it erred in

allocating the parenting time equally rather than providing him with the majority of parenting time.

¶3 We initially note that this appeal was accelerated under Illinois Supreme Court Rule 311(a)

(eff. July 1, 2018) because it concerns a final order related to the allocation of parental

responsibilities. Under this rule, the appellate court is required to issue its decision within 150

days after the filing of the notice of appeal unless there has been “good cause shown.” Ill. S. Ct.

R. 311(a)(5) (eff. July 1, 2018). Patrick filed his notice of appeal on December 30, 2019, and this

court’s disposition was therefore due by May 28, 2020. However, Patrick sought and was granted

numerous extensions of time to file his appellant’s brief, citing difficulties in obtaining transcripts

from the relevant hearings and material omissions to the record on appeal necessitating

supplementation. The extensions resulted in some 10 weeks’ worth of delays in the briefing

schedule. Patrick’s opening brief was ultimately filed on May 4, 2020. Theresa then filed her

appellee’s brief on May 26, 2020, and Patrick thereafter filed his reply brief on June 8, 2020.

Briefing was therefore not completed until after the 150-day deadline had passed. Moreover, we

note that the record on appeal consisted of a 720-page common law record, a nearly 1600-page

report of proceedings, and more than 400 pages of exhibits. These circumstances constitute good

cause for filing our decision beyond the 150-day deadline. We now issue our disposition and, for

the reasons stated, affirm.

¶4 I. BACKGROUND

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¶5 Patrick and Theresa were married on May 17, 2008. Their marriage resulted in one child,

V.W., born in 2009. Theresa filed a petition for dissolution of marriage on August 23, 2011, and

the circuit court appointed attorney Kimberly McKenzie as V.W.’s guardian ad litem (GAL). The

marriage was dissolved on April 25, 2013. Pursuant to a co-parenting agreement, Theresa was

awarded primary physical custody of V.W., subject to Patrick’s right to visitation according to the

following repeating two-week schedule: Week One: Wednesday overnight to Thursday morning

and Friday after school to Monday morning; Week Two: Wednesday overnight to Friday morning.

This arrangement resulted in V.W. residing with Theresa approximately 60% of the time and

Patrick the remaining 40%.

¶6 On November 29, 2017, Patrick filed a motion to modify the allocation of parenting time

between the parties, from which this appeal spawned, seeking the majority of parenting time with

V.W. He alleged a substantial change in circumstances in multiple respects, which we group into

the following four broad categories: (1) Schooling: V.W. was absent or late to school 54 times in

the prior three school years during Theresa’s parenting time, Theresa refused to properly exchange

V.W.’s school uniforms with Patrick for school days during his parenting time, and Theresa

withheld school information from Patrick, such as the deadlines for V.W’s school assignments,

and similarly neglected V.W.’s homework, leaving those items for Patrick to complete with V.W.

during his parenting time; (2) Negative Statements: Theresa made negative statements to V.W.

about Patrick, such as that he was a “black sinner and does not believe in God,” that he is a mean

and bad father, that she would never have a happy and normal childhood with him, that he had

done “crazy things” to her and that he had “bad pictures” of her on his cellphone, and that the

police were going to go to his house to look at his computer; (3) Theresa’s Residence and its Effect

on V.W.’s Health: Theresa’s residence was disorderly and dirty with animal feces such that, in the

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prior two years, V.W. had been hospitalized for salmonella, and another resident of Theresa’s

household was hospitalized for salmonella and respiratory illnesses, and Theresa was also

responsible for V.W. contracting hand, foot, and mouth disease; and (4) Journaling: Theresa

directed V.W. to maintain a journal to document her negative experiences with Patrick.

¶7 The circuit court re-appointed attorney McKenzie as the GAL on January 16, 2018, and

additionally appointed Dr. Mark L. Goldstein on April 17, 2018, as a professional custody

evaluator pursuant to 750 ILCS 5/604.10(b) of the Illinois Marriage and Dissolution of Marriage

Act (Marriage Act) (750 ILCS 5/604.10 (West 2018)).

¶8 Dr. Goldstein’s Custody Evaluation

¶9 Dr. Goldstein, a licensed clinical psychologist, submitted his “Child Custody Evaluation”

report dated September 10, 2018. According to the report, Patrick sought to modify the allocation

of parenting time for several reasons, “particularly the number of tardies [sic] that [V.W.] has had

in school under her mother’s care, as well as corporal punishment, [V.W.] being ill frequently[,]

and the lack of cleanliness at Theresa’s home.” Dr. Goldstein detailed more than a dozen concerns

that Patrick related to him, namely that: (1) Theresa had made negative comments to V.W. about

him and his wife, Rena; (2) Theresa improperly accused he and Rena of child pornography related

to a photo of V.W. in a bathtub when she was four years old; (3) Theresa cut V.W.’s hair just prior

to his wedding; (4) V.W. had been tardy to school over 50 times; (5) Theresa’s home was unclean,

which he believed caused V.W. to become sick with salmonella; (6) he purchased seven school

uniforms for V.W. but only one was at his home; (7) Theresa sends V.W. to school without glasses

even though he purchased three pair for her; (8) Theresa had sent V.W. to school in snow boots

and she had no shoes for gym class as a result; (9) Theresa lies constantly; (10) he was worried

that Theresa would try to move with V.W. out of state; (11) Theresa blamed V.W. for her former

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paramour, Jason Privett, moving out of her home; (12) Theresa instructed V.W. to make “bad

pictures” of him in her journal; (13) Theresa told V.W. that she is a “black sinner;” and (14)

Theresa screams at V.W. while she does her homework.

¶ 10 Dr. Goldstein noted in his report Theresa’s responses to the concerns Patrick related to him.

She stated that children can be carriers of salmonella and may have it for a period before it emerges.

She also denied that V.W. was late to school more than 50 times, and she noted that V.W. was

only late five or six times during the past school year. She also denied telling V.W. that Patrick

was going to take her away or that she told V.W. to draw “bad pictures” of him, noting that the

journal was given to her by her counselor. She also related that Rena took “naked pictures of

[V.W.] in the bathtub, and that these were inappropriate,” but she acknowledged that the Illinois

Department of Children and Family Services (DCFS) concluded that the complaint was

“unfounded.” She also asserted that V.W. always had short hair and liked it that way, and V.W.

had cut her own hair when she was five years old such that Theresa had to have it fixed. She

denied knowing when Patrick’s wedding was. She similarly denied knowing how many school

uniforms Patrick had purchased for V.W., and she asserted that she always sent them with V.W.

during Patrick’s parenting time. She denied that Patrick purchased more than one pair of glasses

for V.W., and asserted that she made sure that V.W. had an extra pair of glasses at school. Theresa

related that she had no knowledge of V.W. going to school without adequate shoes, and the school

had not contacted her regarding the same. She acknowledged that she would like to be closer to

her parents out-of-state. Theresa also denied blaming V.W. for Privett moving out of her

residence, and likewise denied calling V.W. a “black sinner.” She clarified that V.W. has said that

her father is “a black sinner” because he does not believe in God. She also denied yelling at V.W.

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when she does her homework, but she acknowledged that V.W. has had academic trouble since

kindergarten.

¶ 11 Dr. Goldstein noted in his report that Theresa delineated numerous concerns she had about

Patrick during the evaluation, including: that (1) he wanted to take V.W. away from her; (2) he

does not spend time with V.W., and Rena is the one who actually cares for her during his parenting

time; (3) he is an atheist, has told V.W. that there is no God, and does not take V.W. to church

even though she is religious; (4) he continues to interfere in Theresa’s life; (5) he is unemployed

and was involved in mining Bitcoin; (6) he did not pay his share of the insurance premium until

court ordered to do so; (7) he disowned his entire family, and his family reaches out to Theresa to

see V.W.; (8) he threatened to take V.W. out of her current school; (9) he opposes tutoring

recommended by V.W’s school; (10) he fails to communicate with her regarding V.W.’s

schooling; (11) he did not communicate with her when V.W. was wheezing in gym class; (12) he

had scheduled counseling appointments without telling her; (13) he failed to send V.W.’s

psychological evaluation to her; (14) he did not seek medical attention for V.W. after she fell off

her bicycle and had a concussion, and he told V.W. to not tell Theresa; (15) he does not provide

adequate car safety for V.W.; (16) he is emotionally abusive toward V.W.; (17) he disparages her

to V.W; (18) he refuses to allow V.W. to wear training bras; (19) Rena refused to pick up V.W.

from school and made her wait for Patrick to pick her up; (20) he lies to V.W. by telling her that

money is not real and that Bitcoin is real; (21) he tells V.W. that Theresa and Patrick’s maternal

aunt, Noell Dust, are liars; (22) he does not allow V.W. to have choices or pick out her own clothes;

(23) V.W. does not clean her room at Theresa’s home because she is not required to do so at

Patrick’s; and (24) he “exploded” at her when she took V.W. out of daycare after another child

touched her.

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¶ 12 Dr. Goldstein also detailed in his report his evaluation of V.W. She was eight years old at

the time of the evaluation, and “she displayed no overt signs of any significant emotional disorder.”

V.W. described Theresa as a “nice[,] [l]oving mom,” who “takes us places like the Wisconsin

Dells” and, at times, they have a day for just the two of them. She stated that her mother is “[n]ot

happy when [she] do[es] something wrong” [because she] “used to lie when [she] was little.” She

indicated that Theresa spanks her or puts her in the corner when she becomes angry. She

spontaneously related that “dad doesn’t spank or put me in the corner. Sent to my room one time.

He yelled.”

¶ 13 V.W. described her father as “always funny [and] [n]ice,” although he “[s]ometimes has a

bad attitude—grumpy.” She stated that he yells when he becomes angry, and that he has slammed

doors. During a subsequent interview with Dr. Goldstein, V.W. “spontaneously related that she

was scared of her father,” and “she indicated that her father grabbed her collar when she didn’t

want to take her vitamins when she was four years old. She also related that her father grabbed

her by the arm when she was seven years old.” She reported that she did not think her father

believes in God, but he had never questioned her belief. Her mother believes in God, and she goes

to church with her, but not her father.

¶ 14 V.W. denied that either parent made negative comments about the other to her, and it was

her perception that her parents did not speak to each other. V.W. reported that Patrick’s house was

cleaner than Theresa’s, where the rooms were all “huge messy.” She also reported that her mother

told her that she is a “black sinner,” and she noted that she often lied, and it was still a problem for

her. Goldstein noted in his report that Theresa told V.W. to make “bad pictures” of her father, but

“that a counselor wanted her to make the pictures[,] as well.” She also related that Privett once

disciplined his daughter, Mackenzie, by putting a jalapeno in her mouth while V.W. and Theresa

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were present. V.W. also indicated that both parents often yell at her regarding homework. Dr.

Goldstein also noted in his report that V.W. told him that Patrick “keeps secrets,” and that her

mother told her that her father wanted to “keep [her] forever.” Dr. Goldstein further noted that

V.W. stated she wanted to see both parents and it “would not be fair” because she loved both

parents. Dr. Goldstein stated in his report that “[i]t would appear [Theresa] did attempt to coach

[V.W.]. There is no evidence that [Patrick] attempted to coach her or that Rena attempted to coach

her.”

¶ 15 Dr. Goldstein administered the Bricklin Perceptual Scales to V.W., and she “rated her

mother as the preferential parent on fourteen items, her father as the preferential parent on seven

items[,] and the parents as equal on the remaining eleven items.” His report also indicated that

V.W. “perceived her father as stronger in follow-up consistency, while she perceived her mother

as stronger in supportiveness. She perceived her parents as relatively equal in admirable character

traits, while she perceived her mother as somewhat stronger in competency.”

¶ 16 Dr. Goldstein observed each parent interact with V.W. She was “clearly comfortable with

her father and clearly bonded and attached to him” and she likewise “appeared to [be] comfortable

with her mother and bonded and attached to her.”

¶ 17 At the conclusion of the report, Dr. Goldstein recommended that the parenting schedule be

modified, stating that he “would strongly suggest that Patrick Williams have the majority of

parenting time during the school week.” Specifically, he recommended that Theresa have

parenting time on alternating weekends, from Thursday after school until Monday morning, as

well one evening per week, from after school until 7:30 p.m. He made clear that “[t]he rationale

for the change in parenting time is that [Patrick] has greater flexibility in his work schedule and[,]

as a result[,] is home and available, coupled with his and his current wife’s ability to provide more

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structure and stability for [V.W.].” Dr. Goldstein also noted his concern “about the reports of lack

of cleanliness in [Theresa’s] home, and *** her attempts to coach [V.W.] and the damage to

[V.W.’s] self-esteem from some of her mother’s comments to her.”

¶ 18 The GAL’s Report

¶ 19 The GAL also filed a report with the circuit court. 1 The GAL met with and interviewed

numerous people, including both parties, V.W., her current and former counselors, and her teacher.

In evaluating the statutory factors pertaining to V.W.’s best interests for purposes of allocating

parenting time, the GAL noted that V.W. “has expressed a desire to primarily reside with

[Theresa]. However, it is the Guardian ad Litem’s opinion that the minor has been pressured and

influenced by [Theresa] to express this desire.” She also noted that both parents had performed

caretaking functions for V.W., as Theresa “has taken the lead on medical, dental[,] and counseling

appointments,” and both parents were involved with V.W.’s schooling. She noted that Patrick

stated that he does not attend V.W.’s appointments “so as to avoid the inevitable conflict” with

Theresa. The GAL also noted that V.W. “is connected to and has a close relationship with both of

her parents.” Concerning the parties’ home environments, the GAL reported that they are “very

different,” in that Theresa “appears to struggle with cleanliness and organization.” The GAL also

noted that V.W.’s bedroom at Theresa’s house was cluttered and disorganized, and that “there was

only a path to [her] unmade bed.” Patrick’s house “was completely the opposite,” as V.W.’s

1 We are unable to determine when the GAL report was submitted, as the copy in the record

is neither dated nor file stamped. We note that the GAL’s report specifically references Dr.

Goldstein’s September 10, 2018, Child Custody Evaluation, and we presume that it was filed

sometime after that.

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bedroom was neat and organized, and everything had a place. The GAL stated her opinion that

“[Patrick’s] home provides the structure and stability [V.W.] requires to reduce her anxiety and

nervousness.” She noted that Patrick and Theresa do not cooperate well in managing [V.W.’s]

schedule. She likewise stated her belief that “[Theresa] has a need for power and control over

[V.W.] and over [Patrick], and that she has “manipulated the minor to do things and say things

which have enabled [Theresa] to maintain power and control.” The report went on to state that

Theresa “has attempted to manipulate and pressure most, if not all of the professionals in this

matter by providing slightly misleading information and mischaracterizing situations and events.

¶ 20 The GAL’s report ultimately recommended that Patrick be allocated a majority of

parenting time during the school year. Specifically, she recommended that Theresa have parenting

time every other weekend from Thursday at 5:00 p.m. until Sunday at 5:00 p.m. and one weeknight

from after school until 7:30 p.m., with Patrick having all other parenting time. During summer

vacation from school, the GAL recommended that Theresa and Patrick each receive 3 weeks of

uninterrupted parenting.

¶ 21 The Hearing

¶ 22 Between February and June 2019, the circuit court conducted an 11-day hearing on

Patrick’s motion to modify parenting time. Numerous witnesses testified, but we recount only the

testimony that is necessary for resolving this appeal.

¶ 23 Theresa

¶ 24 Theresa testified that she was V.W.’s mother, who was 9 years old at the time of the

hearing. V.W. primarily resided with her in her home. Elliott, her son with Jason Privett, also

lived in her home. Elliott was V.W.’s half-brother. Privett lived in her residence from 2013 until

late 2015. Theresa testified that, although Privett was referred to as her fiancé in some of the

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reports and pleadings, they were never engaged. Privett also had a daughter, Mackenzie, from a

prior relationship. Mackenzie never lived in Theresa’s home, but she had visited and spent the

night when Privett lived there.

¶ 25 Theresa testified that she disagreed with the recommendations of the GAL and Dr.

Goldstein that Patrick be provided the majority of the parenting time during the school year. She

denied calling V.W. a “black sinner” or telling her that she had a “black heart.” She was unsure

where V.W. had heard those terms, but she assumed they talked about “sinning and lying and the

nature of hearts” at V.W.’s catholic school. She also did not tell V.W. to draw “bad pictures” of

Patrick in her journal, because she had nothing to do with the journal beyond reminding V.W. to

bring it with her to counseling.

¶ 26 Theresa further testified that she did not attempt to coach V.W., and she disagreed with Dr.

Goldstein’s conclusion that there was no evidence Patrick had tried to coach her, stating that she

had heard audio recordings where he “leads [V.W] in a roundabout way to say what he wants her

to say,” such as that Theresa was a bad mother, that V.W. wanted to live with Patrick, and that

V.W. wished Rena was her mother. She did not have copies of the recordings, however, because

Patrick did not give them to her.

¶ 27 Concerning the photos of V.W. that she believed were not appropriate, Theresa testified

that Patrick gave V.W. his old cell phone, and V.W. brought it with to her appointment with her

then-counselor, Renita Shores-Gaston. V.W. showed Shores-Gaston the phone, which included

photographs of V.W. in a bathtub that were taken when she was 4 or 5 years old. Theresa testified

that she did not tell V.W. to bring the phone with to her to the counseling appointment. Theresa

did not believe the photos were pornographic, but she acknowledged that she told the GAL that

she “did not like them” and thought they were “inappropriate.” Shores-Gaston reported the photos

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to DCFS, and Theresa eventually learned from DCFS that the case was unfounded. Theresa was

not aware that a DCFS caseworker indicated that V.W. did not know about the photos until Theresa

told her about them. She also did not recall a police officer telling her that she did not have a case

regarding the photographs, but he told her that she “should go for an order of protection.”

¶ 28 Concerning V.W.’s schooling, Theresa acknowledged that she had been late to

kindergarten 26 times, but she stated that Patrick was responsible for four or five of those instances.

She had no reason to doubt that V.W. was late to first grade 26 times, and she acknowledged that

V.W. was late to second grade five times. She agreed that she told Dr. Goldstein that she

previously had trouble being punctual, and she acknowledged that, previously, she often dropped

off V.W. at school either late or very early. Theresa further testified that, at one point, she

contacted V.W.’s teacher to express concern that Patrick was doing her homework for her. She

also recalled expressing this concern to the GAL, yet she acknowledged that the GAL spoke with

V.W’s teacher, who did not believe that Patrick was doing V.W.’s homework for her.

¶ 29 Theresa agreed with the GAL’s report that areas of her home were cluttered and

unorganized when the GAL visited, especially the back porch and V.W’s room. She denied that

V.W.’s bedroom was messy at the time of the hearing, though. Theresa acknowledged that she

and both of her children caught salmonella in the past, but she did not know how they got it. She

also acknowledged that V.W. was diagnosed with hand, foot, and mouth disease in June 2016.

She stressed, however, that half of her son’s preschool “was out with hand, foot, and mouth,” there

was a sign posted on the preschool door to that effect, and her son was not the first child at the

preschool to get it. Theresa also testified that she had pets in her home when the GAL visited, and

she agreed with the GAL’s report that her home had no pet urine or feces throughout it.

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¶ 30 Theresa identified during cross-examination several photographs of her daughter wearing

pajama-bottom shorts on days she left Theresa’s house for Patrick’s house during the wintertime,

including on days when the outside temperature was below freezing. She testified that V.W. would

often wake up and state that she would get dressed at Patrick’s house. She pointed out that V.W.

had to go “less than 10 feet out to Patrick’s car, which was already warm,” and she was wearing a

jacket, mittens, shoes, and socks in the photos. Theresa added that Patrick would often send her

back to Theresa’s house wearing those same clothes.

¶ 31 Concerning V.W.’s hair, Theresa agreed that up until June 2017, it was either long or

shoulder length, and she agreed that just prior to Patrick’s wedding, it was cut “extremely short.”

She testified that the timing of V.W.’s hair cut was a coincidence because she did not know when

Patrick’s wedding was, and V.W. was permitted to pick her own hairstyle.

¶ 32 Theresa also testified to an incident in 2017 when V.W. was at Patrick’s house and “was

unsupervised [while] not wearing a helmet and fell off her bike.” She stated that V.W. reported

having headaches to her father, as well as reported headaches and white vision spots to Theresa

when she returned to Theresa’s home following the weekend. Theresa testified that she scheduled

a doctor’s appointment for V.W., but she “got pushback from [Patrick] saying ‘you’re going to

look like a fool, why are we taking her in now?’ ” Patrick accompanied them to the appointment,

and V.W. was diagnosed with a concussion. At the appointment, V.W. told Patrick that she was

not supposed to tell Theresa about the fall. She further testified that, after V.W.’s fall but before

the concussion diagnosis, Patrick took V.W. to play in an inflatable bounce house.

¶ 33 Patrick

¶ 34 Patrick testified that he was V.W.’s father and Theresa’s ex-husband. He was currently

self-employed trading and mining cryptocurrencies. He formerly operated his cryptocurrency

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mining computers out of a rented warehouse, but he had since moved them to his garage and had

not yet hooked them back up because profitability was down. He testified that he had been a house

husband for the past several months.

¶ 35 Patrick testified that he had a great relationship with V.W., who resided with him six out

of every 14 days according to the current parenting schedule. He testified he had not discussed

the case with V.W., and he denied coaching her. He also denied telling V.W. that Theresa was

trying to take her away from him or that he was trying to take her away from Theresa.

¶ 36 In disciplining V.W., Patrick testified that he uses “communication, negotiation, and

compromise,” and he denied ever striking or spanking V.W. He also testified concerning the

incident V.W. described to Dr. Goldstein, wherein he grabbed V.W. by the collar when she was 4

or 5 years old. He testified that V.W. once stood up and screamed in his face because she did not

want to take a certain flavor of children’s vitamin. Patrick testified that he grabbed the suspenders

of the school uniform she was wearing, and she fell on the couch and cried for a few minutes.

After that, they apologized to each other and “everything was fine.”

¶ 37 Patrick testified that, in March 2018, he observed V.W. sitting by a window crying, and

she told him that her mother said that she will never have a happy childhood and would “never be

a normal child because of all the crazy things your dad has done to you.” Several times during the

spring of 2018, V.W. told him that her mother had called her a liar.

¶ 38 Patrick also testified that V.W. brought a journal to his house filled with V.W.’s drawings.

He identified as an exhibit several such drawings. One depicted a girl crying under a cloud and

the word “dad” was written in below it. Another drawing had a “bald guy with a mean face and a

child,” and the words “you lied” was written in V.W.’s handwriting on the picture. Other than

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what Dr. Goldstein concluded in his report, he had no evidence that Theresa instructed V.W. to

draw “bad pictures” of him in her journal.

¶ 39 Patrick also detailed an incident wherein Theresa wanted to switch one of her scheduled

days with V.W., and Patrick suggested trading a particular day so that he could take V.W. to the

father/daughter dance at her school. Theresa initially refused to trade the day of the dance, and

Patrick learned that Privett was planning to take her. Theresa eventually agreed to let Patrick take

V.W. to the dance, but she stated that V.W. would have to tell Privett that he could not take her.

Patrick ultimately told Privett, however, because he thought requiring V.W. to tell him would have

put “a tremendous amount of pressure” on her.

¶ 40 Patrick also testified at length regarding V.W.’s schooling. He stated that, between

kindergarten and second grade, Theresa brought V.W. to school late over 50 times. He

acknowledged that V.W. was late far less often since he had filed his motion to modify the

allocation of parenting time. Patrick testified that V.W. was never late to school when he drove

her, and he asserted that she had spent the night at Theresa’s house immediately before the days

on which Theresa testified that he had dropped her off at school late. He further testified that his

schedule was flexible and allowed him to drop off and pick up V.W. every day at school, as well

as allowed him to go in to see her teacher and to wave to her principal every day.

¶ 41 Patrick continued that he helps V.W. study and do homework using a dry erase board in

his basement. They would “play teacher” and find ways to make learning interesting “because

usually there’s a lot to do by the time [V.W.] makes it to [his] house.” Patrick tried to challenge

V.W. in her reading “because she needs help,” and they read books from the third-grade level to

the fifth-grade level. He stated that, at her mother’s house, V.W. read books that were not as

challenging. He also stated that Theresa would only complete “easy” homework with V.W., and

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she would leave “anything that requires work, like math problems, word problems, that kind of

thing,” for him to work on with V.W. during his parenting time. There were also several instances

when Patrick was unable to retrieve V.W.’s “homework packets,” “study guides, homework, [and]

stuff for school.” He was frustrated because he felt Theresa was not doing enough of the

homework packets with V.W. during her parenting time. He conceded, however, that he never

spoke to Theresa about her handling of the homework packets or his complaint that she only

assisted V.W. with easy homework. Patrick also disapproved of times when V.W. would turn in

homework early that Theresa had completed with her, because he “wanted to lay [his] eyes on the

work before it was turned in under [his] name, so to speak.” He was concerned that it would reflect

poorly on him if V.W. “did terrible” on a homework assignment that was due immediately

following his parenting time but was completed with Theresa and turned in early. Patrick conceded

that he did not raise these concerns with Theresa. Patrick was not opposed to V.W. having a tutor,

but he felt that it should not be a replacement for good parenting. He testified that he could not

recall speaking with V.W.’s second grade teacher about her needing a tutor.

¶ 42 Patrick also testified that he often had difficulty getting V.W.’s school uniforms back from

Theresa, but he acknowledged that Theresa had similarly accused him of not returning school

uniforms. He also testified as to a group exhibit of photographs he took of the “remainders of

[V.W.’s] lunches” that Theresa had packed for her during second grade. He testified that he

“simply took the pictures and sent them to [his] wife,” Rena, “in annoyance.” He acknowledged

that he never communicated with Theresa regarding the nutritional quality of the lunches she

packed for V.W.

¶ 43 Patrick testified that V.W.’s hair was shoulder length or longer prior to his wedding in June

2017. He testified that V.W.’s hair was cut “aggressively short” five days before his wedding, and

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he had previously told Theresa when his wedding was. He and Theresa had conversation via text

message in 2014 concerning how V.W.’s hair should be cut, and they agreed to discuss any major

changes to V.W.’s hairstyle before cutting it. When V.W. draws herself, she always draws herself

with long hair.

¶ 44 Patrick also testified as to several incidents with Theresa involving the police. In

September 2015, Theresa sent the police to his home for a wellness check after he did not return

her text messages for approximately 40 minutes when V.W. was at his house and not feeling well.

He testified that he put his phone on silent because V.W. was sleeping. When the police arrived,

he showed the officer the text message argument he was having with Theresa, and the police left

his house. In June 2017, the police contacted him regarding the photos of V.W. from his old cell

phone that Shores-Gaston reported to DCFS. He testified that no charges were filed and the DCFS

investigation was “unfounded.” Theresa had also filed a petition for an order of protection based

upon the photos, but she later dismissed it.

¶ 45 Patrick further testified that V.W. was often dressed inappropriately during the winter

“transition days” between the two households. When he would pick her up from Theresa’s house,

V.W. sometimes wore pajama shorts with no socks, a short nightgown, and a winter coat. He

began to pack clothes for her in his car in case they were in an accident or had some emergency

while driving. He testified that V.W. is always dressed appropriately for the weather when he

returns her to Theresa’s house.

¶ 46 Patrick acknowledged that he had recorded various conversations with V.W. without her

knowledge, but he testified that they have “normal conversations” about things such as her clothes,

coat, or homework, or whatever else V.W. would bring up. He denied recording her every time

they were together, and he could not recall the last time he recorded her.

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¶ 47 Renita Shores-Gaston

¶ 48 Renita Shores-Gaston testified that she was a licensed clinical social worker, and she had

provided weekly counseling services for V.W. from approximately March 2017 until January

2018. She initially met with Theresa to learn her concerns and develop a plan for counseling V.W.

Her initial assessment of V.W. was that she had “adjustment disorder with anxiety.” She explained

that the disorder manifested as a difficulty in making transitions and adjustments, and that V.W.

was also “very anxious and worried about different incidents in her life.” As their sessions

continued, V.W. opened up to her “at times,” but there were also “times where she would be closed

off.” They talked about being able to identify her feelings, because V.W. “would have difficulty,

at times, being able to identify what she was feeling or being able to talk about what she was

feeling.” There were also times when V.W. was upset with either parent or their partners.

¶ 49 During their sessions, Shores-Gaston became “really concerned” about two things that

V.W. told her. Specifically, V.W. reported that her father told her that she was going to have to

see a judge and talk about where she wanted to live, and that her mother was going to go to jail.

She was also concerned when V.W. told her about a dream she had where her father was “going

to kill” her mother.

¶ 50 Shores-Gaston testified that she gave V.W. a journal and “encouraged her to draw pictures

of how she’s feeling” and then bring it with her to counseling. Whether or not V.W. wanted to

share it with her was fine, and she provided every child she counseled with a journal. She told

Theresa about the journal after she gave it to V.W., and she never discussed the journal with

Theresa after that. There were many times V.W. brought the journal to counseling but would not

share it with her. V.W. never told her that she was directed by anyone to draw a picture in it a

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certain way, and Shores-Gaston was not aware that V.W. reported to Dr. Goldstein that her mother

told her to draw negative images of her father in it.

¶ 51 Although her assessment of V.W. did not change over the course she counseled her,

Shores-Gaston recommended that V.W. be evaluated by a psychiatrist because V.W. told her she

was hearing voices. She eventually stopped counseling V.W. because “she was receiving services

from several *** different places, so [she] thought it’d be best to [stop] and let her get services at

those [places],” and because she thought V.W. needed someone with more expertise.

¶ 52 Faith Mattison

¶ 53 Faith Mattison testified that she had been V.W.’s psychotherapist since the spring of 2018.

She had practiced psychotherapy for 20 years, and her clients were exclusively children and

adolescents. Theresa and Patrick bought V.W. to the initial counseling appointment, and it was

“rather odd.” Theresa was “fairly high strung” and requested to not sit in the waiting room with

Patrick, and Patrick moved his chair into the hallway to watch the door to her office “to make sure

that people weren’t going out when [she] was speaking with [V.W.].” Patrick also seemed

“untrustworthy of [her] and the [psychotherapist] position,” and he tried to give her his “notebook

of evidence.” She refused to accept the notebook and explained to him that it was “not [her] role.”

¶ 54 Her initial assessment of V.W. was based on a prior report where V.W. was diagnosed with

“generalized anxiety disorder and sensory processing disorder.” She was required to give a

diagnosis during the first session, so she “took the diagnosis from the other doctor,” likely Dr. Dan

Griffith, just prior to beginning therapy with her. Her initial impression of V.W. was that she was

in a “really difficult family situation and that was causing a lot of the anxiety that she was having.”

When she counsels children facing similar family challenges, she focuses on helping the child

build coping skills to enable them to negotiate each parent’s household. In V.W.’s case, “the

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structure and the rules are different [at each parent’s house],” and so they frequently discussed

how to negotiate those two settings. In developing coping skills, they talked about the points in

time where V.W. could “regroup herself and remember which house she’s going to and what helps

her the best at each house.” She explained that V.W.’s sensory processing disorder makes it more

difficult for her to make sense of the world around her. She further explained that children use

their environment and their senses to understand the world around them, and because V.W. has

trouble processing those things, she “also has trouble processing different things from different

people.”

¶ 55 Mattison testified that, initially, V.W. was not forthcoming with her during therapy because

she is “very good at avoiding and deflecting and [has] a lot of other behaviors that make therapy

difficult.” In the beginning, V.W. “was trying to figure out whether she could trust [Mattison],”

and “whether or not [she] was going to pick sides.” V.W. told her lots of things early on that she

did not believe were truthful, and so she did not put a lot of weight in those things until V.W. began

to trust her and knew that they had a safe place to talk.

¶ 56 Eventually, V.W. began to disclose more to her, and Mattison “had to establish a rule about

what is the truth and what is a lie *** because of the situation that she’s in and her age.” Every

time V.W. meets with her at her office, they have an agreement that V.W. will tell the truth. Once

V.W. understood the difference between the truth and a lie, V.W. confided that a lot of things she

had said previously were not truthful. She believed that some of the untruthful things V.W. told

her “may have been things that she had overheard or that she felt would make one or the other of

her parents happy with her.” V.W. told her, for example, that she was untruthful when she said

that her father would do her homework for her, or that her mother had called her names. When

they discussed things that V.W. told others that were not truthful, she allowed V.W. to lead the

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conversation because she did not want to insert ideas into her head. She believed that V.W.

embellished things to make one parent or the other happy. Mattison tried to teach her “that you

can’t tell stories that are bigger than what they truly are,” and “sometimes it’s not always pleasant

to tell the complete truth, but sometimes you have to.” It was her opinion that V.W. made

disclosures to others that were not truthful to gain favor with her parents. Mattison was certain

that V.W. knew that her parents did not get along, and it was her opinion that V.W. tells her parents

what she thinks they want to hear and does the things she thinks they want her to do. Mattison

believed V.W. was truthful when she told her that her father “took ahold of her collar,” because

she was “adamant about [it].” She also was truthful when she said that she felt that her father gets

impatient with her when they work on homework together. She also felt that V.W. was truthful

about the disorganization at her mother’s house, and she later advised Theresa that V.W. needed

more structure, which Theresa seemed receptive to.

¶ 57 V.W. also told her that her mother had called her a liar, and Mattison counseled Theresa

on other ways to approach with V.W. the issue of truth telling. Theresa was likewise receptive to

this advice. Mattison further testified that she asked V.W. about the allegation that her mother told

her that she had a “black heart,” but she stated that she did not remember it. Mattison was unsure

if V.W. truly did not remember it or if she was simply unwilling to talk about it. She also testified

that V.W. was aware that her father had recorded conversations with her, and they had discussed

it early on in therapy. V.W. reported that she was worried about the recordings but, together, they

concluded that V.W. should not “really worry about those things.” Mattison stated that V.W. “was

worried about a lot of adult things in the beginning.”

¶ 58 Mattison further testified that V.W. told her “numerous times that she would like to

continue living with [Theresa], and she felt like Patrick “has too many rules and that he *** gets

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upset with her sometimes when she does homework.” Mattison testified that V.W’s preference on

where she wanted to live did not waiver during her counseling. Mattison was unsure whether

anyone had attempted to coach V.W. to say things about one parent or the other, but she testified

that she thought “[V.W.] has overheard things. That she believes certain things,” but that she did

not know where those ideas came from. She indicated that, after she spoke with both parents about

it, V.W. said nothing further about the court proceedings during their sessions. Mattison believed

that Patrick and Theresa both want the same thing—for V.W. to be happy.

¶ 59 In her professional assessment, “the 50/50 placement would be best for [V.W.]” in terms

of a parenting schedule. Her biggest concern was “mom and dad not being able to communicate

with one another or to get along with one another or to agree on ***any type of parenting style.”

¶ 60 Noell Dust

¶ 61 Dust testified that she was Patrick’s maternal aunt. Prior to Patrick’s divorce, she had a

close relationship with him, and they spent a lot of time together. She used to go to Theresa and

Patrick’s house two or three times per week, and she cared for V.W. while they were at work.

During the initial divorce proceedings, Dust was contacted by the GAL, and she told her that she

thought V.W. should reside primarily with Theresa. The GAL summarized their conversation in

her report and, after the report was filed, Dust and Patrick never spoke again.

¶ 62 After the divorce was finalized, Dust continued to care for and spend time with V.W one

day per week as “a way of keeping [her] relationship strong with her.” On days she currently cares

for her, she picks V.W. up from school and brings her to Dust’s home, where V.W. does her

homework, eats dinner, and plays games with her. Dust usually brings V.W. back to Theresa’s

home at 7:00 p.m. Dust further testified that, every few months, she takes V.W. to visit with

extended family, such as V.W.’s great aunt and great uncle. To her knowledge, Patrick did not

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bring V.W. to see his side of the family. Dust testified that she is “very, very close” to V.W., who

is “like a granddaughter to [her].”

¶ 63 Dust further testified that, in late September 2018, she picked up V.W. from school and

V.W. began to cry, and her hands and legs shook as they sat in her car in the school parking lot.

Dust asked her what was wrong, and V.W. said that “a lady named Kim [the GAL] told her dad it

would be better if she lived with her dad all the time.” Dust tried to calm her, and V.W. told her

that if she lives with her father, he would take her out of her school, she would not have any friends,

and he would not take her to church because he does not believe in God. Dust testified that she

called the GAL the next day and relayed what V.W. told her. The GAL sounded angry on the call,

and she asked Dust who had said those things to V.W. Dust reported that V.W. stated she learned

this information from Patrick.

¶ 64 The Circuit Court’s Ruling

¶ 65 On August 28, 2019, the circuit court announced its decision orally, and it filed a 16-page,

single-spaced memorandum of decision detailing its findings the following day, on August 29,

2019. We recount only the findings necessary to an understanding of the circuit court’s reasoning

for modifying the allocation of parenting time in view of the issues Patrick raises on appeal.

¶ 66 In finding there was a substantial change in circumstances necessitating modification of

the parenting plan, the court found that there were “significant instances where both parents have

engaged in conduct that has caused a change in circumstances that has adversely affected [V.W.’s]

best interests.” Despite finding both parents were responsible for the change in circumstances, the

court went on to state that “in order *** to find that a change in circumstances requiring a

modification of the parenting order has occurred, it is necessary *** to make a finding that

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Theresa’s conduct has caused a change in circumstances that necessitates a modification of the

allocation of parental responsibilities in [V.W.’s] best interests. I make this finding.”

¶ 67 In support of its finding of a substantial change in circumstances, the circuit court began

by noting that V.W. was diagnosed by various mental health professionals with sensory processing

disorder, adjustment disorder with anxiety, and general anxiety disorder. It relied on Mattison’s

testimony that V.W.’s general anxiety disorder was caused by her “difficult family situation,” and

the court made clear its view that both parents bore responsibility for the family conflict. The

court detailed several instances in which each parent caused V.W. emotional distress. For

example, it noted the incident where Theresa sought an order of protection against Patrick

stemming from the photos taken by Rena of V.W. while she was in a bathtub. The court found

that Theresa facilitated V.W.’s disclosure of the photos to Shores-Gaston, because she wanted

them reported to DCFS. It noted that DCFS concluded the allegations were unfounded, and that

Theresa dismissed the petition for an order of protection after DCFS and the police determined the

photos were not inappropriate. The court found Theresa’s belief that the photos were inappropriate

was unreasonable, and concluded that the request for an order of protection caused Patrick and

V.W. emotional distress, as well as interfered with Rena’s ability to develop a relationship with

V.W. In the court’s view, “[t]his contributed to the difficult family situation referred to by Faith

Mattison.” The court also noted that Theresa called the police on Patrick for a frivolous reason in

2015 (albeit “Patrick contributed to the circumstances in which the police were called” by muting

his phone at a time he knew Theresa was worried about V.W. because she was ill), interfered with

his father/daughter dance parenting time in 2018, and unduly delayed his ability to adjust the

parenting schedule to take V.W. to the dance in 2019—all of which contributed to the “difficult

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family situation.” The court also noted that Theresa’s home was disorganized and messy, which

contributed to V.W.’s anxiety.

¶ 68 The court similarly detailed instances where it found Patrick’s behavior contributed to the

difficult family situation that caused V.W.’s anxiety. It noted that Patrick actively tried to disrupt

the relationship between Theresa and Privett by contacting Privett’s former paramour to assist her

in obtaining custody of Mackenzie, as well as contacted Privett to offer to help him get custody of

Elliot, whom Privett shared in common with Theresa. The court found these actions fostered

anxiety and mistrust toward Patrick by Theresa and thus contributed to V.W.’s difficult family

situation. It also found that Patrick demonstrated “questionable judgment” when he allowed V.W.

to go into an inflatable bounce house pending a doctor’s appointment for concussion-like

symptoms after she fell off her bicycle. This decision “caused anxiety to Theresa by exacerbating

her concern over [V.W.’s] health and contributed to the difficult family situation.” The court

opined that if the roles had been reversed, Patrick would likely have alleged medical neglect by

Theresa. It also noted that Patrick caused emotional distress to Theresa and worsened the family

conflict by frivolously alleging that Theresa was negligent in letting V.W. go from Theresa’s house

to Patrick’s car in the winter while dressed in “skimpy sleepwear with only a warm coat.” Finally,

it noted that Patrick filed an ARDC complaint against Theresa’s former attorney which, according

to Theresa, caused her former attorney to withdraw.

¶ 69 The court made clear that it found “significant instances where both parents have engaged

in conduct that has *** adversely affected [V.W.’s] best interests.” Indeed, the court was explicit

that the conduct of both Theresa and Patrick contributed V.W.’s difficult family situation, which

adversely affected her emotional well-being and manifested as general anxiety disorder.

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¶ 70 The circuit court also detailed instances where it made findings directly at odds with the

allegations Patrick set forth in his motion to modify the allocation of parenting time. Specifically,

it found that: (1) there was no factual basis to conclude that V.W. contracted either salmonella or

hand, foot, and mouth disease due to unsanitary conditions in Theresa’s home; (2) Theresa did not

originate the statement that Patrick had a “black heart;” (3) Theresa was not negligent in allowing

V.W. to go to Patrick’s car in the winter while wearing only sleepwear and a coat, and it found the

allegation frivolous such that it caused Theresa emotional distress and contributed to the “difficult

family situation” referenced by Mattison; (4) Theresa had not neglected V.W.’s schooling, as she

was “appropriately serving [V.W.’s] educational needs; (5) there was insufficient evidence that

Theresa had neglected V.W.’s nutrition regarding her school lunches; (6) Theresa did not

intentionally cut V.W.’s hair before Patrick’s wedding, as there was contradictory evidence

concerning whether she knew when the wedding was; and (7) Theresa did not tell V.W. to draw

negative pictures of Patrick in her journal, because Shores-Gaston instructed her to use the journal

to express her feelings.

¶ 71 After finding a substantial change in circumstances, the circuit court analyzed the statutory

factors set forth in section 602.7(b) of the Marriage Act (750 ILCS 6/602.7(b) (West 2018)) to

evaluate how to serve V.W.’s best interests in allocating parenting time. It found that factors 1

through 8 and 11 through 14 were relevant, and it made explicit findings for each.

¶ 72 Factor 1, the wishes of each parent seeking parenting time, was neutral, because both

parents wished to have most of the parenting time. Factor 2, the wishes of the child, was also

neutral. The circuit court indicated that it did not ask V.W. to express a preference as to parenting

time, and she did not indicate a preference of one parent over the other.

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¶ 73 Factor 3, the amount of time each parent spent performing caretaking functions with

respect to the child in the 24 months preceding the filing of any petition for allocation of parental

responsibilities, slightly favored Theresa. Although the court found that both parents were

involved in caring for her during the prior two years, it noted that Theresa was the primary parent

regarding her teachers, counselors, health care providers, and tutor. It explicitly did not find

compelling Patrick’s excuse that he deferred to Theresa regarding attendance at medical and

counseling appointments to avoid conflict, as there was no evidence of any past conflict at such

appointments. Instead, it found that Patrick simply deferred to Theresa in these areas.

¶ 74 Factor 4, any prior agreement or course of conduct between the parents relating to

caretaking functions with respect to the child, favored neither party, as they both followed the

parenting schedule established in the original custody judgment and had agreed to modifications

from time to time.

¶ 75 Factor 5, the interaction and interrelationship of the child with his or her parents and

siblings and with any other person who may significantly affect the child’s best interests, favored

neither party. The circuit court noted that V.W. had a good relationship with both parents, despite

her conflicting statements about them. It noted that there was no evidence that she was alienated

from her father, despite Patrick’s allegation that Theresa had engaged in alienating-type behaviors.

It also found that Rena was a devoted stepparent to V.W., who provided appropriate care for her

and understood her role as a stepparent. The court noted that Privett had both positive and negative

qualities, but he had improperly discipled Mackenzie and Elliot. It concluded that, nevertheless,

he posed no threat to V.W. The court also recognized V.W.’s close relationship with Dust, and it

noted that Patrick was estranged from her because she told the GAL that she thought V.W. should

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primarily live with Theresa. The court noted that Patrick maintained no relationships with local

relatives, yet V.W. had a close and positive relationships with many og them.

¶ 76 Factor 6, the child’s adjustment to his or her home, school, and community, slightly favored

Patrick. Although the circuit court noted that V.W. was adjusted to both homes, it found that she

“is more comfortable and has less anxiety in Patrick’s home environment because it is neat and

organized[,] while Theresa’s home is cluttered and disorganized.” V.W. was also close with Rena,

but had problems with Privett because of his discipline techniques with his own children. It noted

that V.W. was close with her half-brother, Elliott. Concerning her education, the court commented

that V.W. was well-adjusted to her school and was on the honor roll. It noted that Theresa was

more involved than Patrick with V.W.’s teachers and tutor. It further noted that Theresa obtained

a tutor for V.W. at her teacher’s recommendation, and Patrick was not involved with the tutor.

However, Theresa was responsible for causing V.W. to be late to school, particularly during

kindergarten, although the problem was now largely resolved. The court commented that both

parents were involved with V.W.’s homework, but Patrick was more involved and read to V.W. at

a more advanced level.

¶ 77 Factor 7, the mental and physical health of all individuals involved, was neutral. The court

noted that Dr. Goldstein’s evaluation of each parent revealed no mental health problems. It noted

that V.W. was diagnosed with adjustment disorder with anxiety, general anxiety disorder, and a

sensory processing disorder.

¶ 78 Factor 8, the child’s needs, was neutral because it found V.W. “needs a parenting allocation

plan that provides for stability and minimizes conflicts between her parents,” as well as needed

“frequent contact with both parents.”

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¶ 79 Factors 9 and 10 were not applicable, as the distance between the parties’ homes did not

impact the court’s decision, and it also found that a restriction on parenting time was not

appropriate.

¶ 80 Factor 11, the physical violence or threat of physical violence by the child’s parent directed

against the child or other member of the child’s household; favored neither party, as there was no

evidence of physical violence or threat of physical violence against V.W. by either parent.

¶ 81 Factor 12, the willingness and ability of each parent to place the needs of the child ahead

of his or her own needs, favored neither party. The circuit court stated that “neither parent shows

consistent willingness nor ability to place [V.W.’s] needs ahead of his or her needs in important

respects.” Concerning Theresa, the court noted that she was either “unable or unwilling to keep

her home free from clutter and organized sufficiently to provide the structure [V.W.] needs. She

also was not able to maintain a schedule to ensure V.W. is consistently on-time for school.

Concerning Patrick, the court found that he was “unwilling to put aside his aversion to

communicate with Theresa *** even when it is necessary for [V.W.’s] best interests.” It noted

that he was no longer self-employed, but was a house husband, and that Rena indicated that the

custody case had “consumed Patrick’s life.” Patrick had recorded conversations with V.W., and

that fact demonstrated to the court “how all-consuming Patrick’s mission to obtain custody has

become.” It noted that Patrick “focused on the micro-details of Theresa’s life to find evidence of

bad parenting.” It also noted that, rather than contact V.W.’s teachers when he was concerned that

she was not receiving healthy lunches from Theresa, he instead focused on “how this might help

his litigation.” The court stated that this demonstrated his unwillingness to put V.W.’s needs ahead

of his own.

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¶ 82 Factors 13 and 14, the willingness and ability of each parent to facilitate and encourage a

close and continuing relationship between the other parent and the child, and the occurrence of

abuse against the child or other member of the child’s household, respectively, favored Patrick.

Addressing factor 13, the court noted that Theresa had “engaged in problematic conduct” in her

willingness and ability to facilitate and encourage a close and continuing relationship between

Patrick and V.W. It noted, as an example, her efforts to undermine Patrick’s ability to attend the

father/daughter dance, and her initial request that Patrick’s visitation with V.W. be supervised, as

noted by Dr. Goldstein. Concerning factor 14, the court noted that there was evidence from

Theresa’s testimony that Privett had used inappropriate discipline with his children, which made

V.W. anxious

¶ 83 The circuit court also outlined in its written ruling the reports and recommendations of the

GAL and Dr. Goldstein. It disagreed with their ultimate recommendations, both of which

recommended that Patrick receive the majority of parenting time, because it found that each

utilized a flawed analysis. The circuit court explicitly noted numerous areas of disagreement with

the recommendations.

¶ 84 In the court’s view, Mattison best assessed the family dynamics and V.W.’s best interests.

It observed that Mattison had regularly counseled V.W. since the spring of 2018, and she had also

met with both Theresa and Patrick. It stated that Mattison’s testimony represented “a frank

assessment of the positive and negative attributes of both parents.” It was also convinced by

Mattison’s “reasoned explanation” for V.W.’s inconsistent and contradictory statements, and it

noted that Mattison heard V.W. make positive and negative statements about both parents. The

court was also explicitly persuaded by the insight she provided concerning the behaviors of both

parents and “how the actions of both parents contributed to the ‘difficult family situation’ that

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caused [V.W.’s] anxiety.” Mattison “recognized the positive attributes that Patrick’s more

structured home would provide to [V.W.], but also recognized that Theresa needed to maintain

parenting time with [V.W.] because of [V.W.’s] attachment to her mother.” It noted that Mattison

opined that an equal parenting schedule was in V.W.’s best interests.

¶ 85 The circuit court modified the parenting plan to provide for equal parenting time between

the parties. Although it found that it was in V.W.’s best interests to modify the parenting order,

the circuit court made plain its view that “the modification does not need to be a wholesale shifting

of parenting time from one parent to the other,” Specifically, the order provided that “in week

one, Patrick will have parenting time with [V.W.] from Wednesday after school, or 5:00 p.m. when

school is not in session, until Monday after school, or 5:00 p.m. when school is not in session; [I]n

week two[,] Patrick will have parenting time with [V.W.] from Wednesday after school, or 5:00

p.m. when school is not in session, until Friday after school, or 5:00 p.m. when school is not in

session. Theresa will have parenting time at all other times.” In issuing its ruling, the circuit court

stressed that it found that Theresa and Patrick had “engaged in both positive and negative parenting

toward “V.W,” and that “the parental conflict itself has been the cause of much of [V.W.’s]

anxiety,” and “both parents bear responsibility for this conflict.” The court was persuaded that

V.W. needed and loved both of her parents, and that she was adjusted to both of their homes. In

so ruling, the court expressed its hope that the modified parenting plan would “put an end to the

ongoing parental conflict” such that “both parents will act in [V.W.’s] best interests in the future.”

Patrick timely appealed.

¶ 86 II. ANALYSIS

¶ 87 On appeal, Patrick argues that the circuit court erred in dividing the parenting time equally

between the parties rather than allocating to him the majority of parenting time. Specifically, he

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contends that the court erred in (1) declining to follow the recommendations of the GAL and Dr.

Goldstein that he be allocated the majority of parenting time; (2) engaging in a “tortured and flawed

analysis,” justifying “Theresa’s attempts of alienation by inappropriately shifting blame to

Patrick,” despite the “deeply concerning” factual determinations about Theresa; and (3) largely

denying his motion in limine that sought to bar certain witnesses and exhibits due to their disclosure

“on the eve of trial.” For her part, Theresa argues that the order modifying the parenting plan was

not against the manifest weight of the evidence because the circuit court was permitted to rely on

Mattison’s testimony, and it reasonably analyzed the evidence to apportion blame between the

parties for causing and/or contributing to V.W.’s anxiety. Moreover, she asserts that the circuit

court was within its discretion in denying in part Patrick’s motion in limine. 2 We address each of

the issues identified by Patrick in turn.

2 We note that portions of Theresa’s brief fail to adequately cite the record for numerous

factual assertions in contravention of Illinois Supreme Court Rule 341(h)(7) (eff. May 25, 2018),

which requires that the argument section of an appellate brief include “citation of the authorities

and the pages of the record relied on.” Nevertheless, our review is not hindered because we have

the benefit of Patrick’s well-cited brief. We therefore decline his request to strike large portions

of Theresa’s brief. However, we will we disregard as needed the inappropriate content, and we

caution appellate counsel that future violations may result in the appellate court striking her brief

in its entirety.

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¶ 88 Section 610.5(c) of the Marriage Act (750 ILCS 5/610.5(c) (West 2018)) governs

modifications to a plan or judgment allocating parental decision-making responsibilities and

parenting time. It provides, pertinently:

“[T]he court shall modify a parenting plan or allocation judgment when necessary

to serve the child’s best interests if the court finds, by a preponderance of the evidence, that

on the basis of facts that have arisen since the entry of the existing parenting plan or

allocation judgment or were not anticipated therein, a substantial change has occurred in

the circumstances of the child or of either parent and that a modification is necessary to

serve the child’s best interests.” 750 ILCS 5/610.5(c) (West 2018).

Thus, this section contemplates a two-step process to modify a parenting plan or allocation

judgment. First, the movant must demonstrate by a preponderance of the evidence that a

substantial change has occurred since the entry of the existing parenting plan or allocation

judgment. Id. This step serves to promote continuity in parenting plans, which the appellate court

has long favored. See In re Marriage of Wycoff, 266 Ill. App. 3d 408, 409-10 (1994). If the

movant fails to meet his or her burden, the court must deny the request to modify the parenting

plan or allocation judgment. If, however, the movant satisfies his or her burden, the court next

addresses whether modification of the parenting plan or allocation judgment is necessary to serve

the child’s best interests. 750 ILCS 5/610.5(c) (West 2018).

¶ 89 The circuit court’s determination concerning parental responsibilities and custody,

including modifications thereto, is afforded great deference because it occupies a superior position

to assess the credibility of the witnesses and determine the best interests of the child. See In re

Marriage of Lonvik, 2013 IL App (2d) 120865, ¶ 33. See also In re Marriage of Whitehead, 2018

IL App (5th) 170380, ¶ 15. There is a strong presumption in favor of the circuit court’s ruling (In

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re Marriage of Fatkin, 2019 IL 123602, ¶ 32), and where the evidence permits multiple inferences,

we will accept those inferences that support the circuit court’s order (In re Marriage of Bates, 212

Ill. 2d 489, 516 (2004)). In other words, we view the evidence in the light most favorable to the

appellee. In re Marriage of Bates, 212 Ill. 2d 489, 516 (2004). Because of this great deference,

we will not disturb a circuit court’s determination concerning the allocation of parenting time and

parental responsibilities unless it is against the manifest weight of the evidence. Lonvick, 2013 IL

App (2d) 120865, ¶ 33. “A judgment is against the manifest weight of the evidence when the

opposite conclusion is apparent or when the findings appear to be unreasonable, arbitrary, or not

based on the evidence.” Id. (quoting In re Marriage of Ricketts, 329 Ill. App. 3d 173, 181 (2002)).

Nevertheless, the discretion of the circuit court is not limitless, and it is the duty of the reviewing

court to reverse a decision that is contrary to the manifest weight of the evidence. In re Marriage

of Bush, 170 Ill. App. 3d 523, 529 (1988). “The paramount issue in all matters concerning custody

of a child is his or her welfare.” In re Marriage of Fuesting, 228 Ill. App. 3d 339, 344 (1992).

¶ 90 Substantial Change in Circumstances

¶ 91 At the outset, we note that Patrick devotes several pages of his appellate brief to arguing

that the circuit court’s finding that there was a substantial change in circumstances was not against

the manifest weight of the evidence. He stresses that the court found that “Theresa’s conduct has

caused a change in circumstances that necessitates a modification of the allocation of parental

responsibilities in V.W.’s best interests,” and that “Theresa’s conduct has caused [V.W.’s] difficult

family circumstances to adversely affect her emotional well-being,” which “results in [her] general

anxiety disorder.” Patrick makes no mention in this portion of his brief to the court’s similar

findings pertaining to his own conduct, namely that “Patrick also has engaged in conduct to

contribute to [V.W.’s] difficult family circumstances, adversely affecting her emotional well-

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being, which manifests itself in her general anxiety disorder.” As noted, the court found there

were “significant instances where both parents have engaged in conduct that has caused a change

in circumstances that has adversely affected [V.W.’s] best interests.” We note that Theresa did

not file a notice of appeal, and she argues that the circuit court’s findings concerning the existence

of a substantial change in circumstances and V.W.’s best interests are not against the manifest

weight of the evidence. Because neither party challenges the circuit court’s finding that a

substantial change in circumstances occurred since the entry of the existing parenting plan or

allocation judgment requiring a modification of the parenting order, and because our own review

of the record convinces us that the circuit court’s judgment on substantial change in circumstances

was not against the manifest weight of the evidence, we need not further address Patrick’s

contentions. Accordingly, we next evaluate the second step of the analysis, namely, whether

modification of the parenting plan or allocation judgment was necessary to serve V.W’s best

interests.

¶ 92 Allocation of Parenting Time

¶ 93 After reviewing the record and the carefully considering the arguments of the parties, we

cannot say that the circuit court’s ruling allocating parenting time equally between them was

against the manifest weight of the evidence.

¶ 94 As noted, Patrick argues on appeal that the circuit court “completely ignored” the

recommendations of the GAL and custody evaluator, and that it “discounted and dismissed” the

reports “with questionable rationale.” He asserts that the court should have adopted their

recommendations and allocated the majority of parenting time to him. The record, and most

notably the detailed written findings made by the circuit court, belie his argument that it

“completely ignored” or improperly “discounted and dismissed” the reports submitted by the GAL

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and Dr. Goldstein. Rather, it demonstrates that the circuit court simply declined to adopt their

ultimate recommendations, and it methodically detailed numerous areas where it felt they erred in

their analyses. For example, the circuit court concluded that the GAL gave undue weight to

statements V.W. made that were adverse to Theresa’s interests, yet gave “no weight to [V.W.’s]

statements adverse to Patrick’s interest[s] as told to counselors or teachers or to Noell Dust.” It

also disagreed with the GAL giving weight to various statements by V.W. that the court did not

find credible. Similarly, the court found that the GAL reached conclusions adverse to Theresa that

were not supported by the evidence. By way of example, the court pointed to the GAL’s

conclusions that Theresa had a tutor complete V.W.’s homework, had falsely claimed that V.W.

had learning delays and special needs, had attempted to have V.W. diagnosed with mental health

problems requiring medication, and that she instructed V.W. to draw negative pictures of Patrick

in her journal. The court similarly took issue with the GAL’s conclusion that Patrick did not attend

V.W.’s appointments to avoid conflict with Theresa, as it found that there was no evidence that

this was the case. The circuit court also disagreed with the GAL’s conclusion that Theresa made

many of the educational and medical decisions in her own interests rather than V.W.’s, noting that

all of the evaluations were recommended by school personnel or physicians. Indeed, it found that

the V.W.’s counseling and tutoring were in her best interests. Finally, the court stated its view that

the GAL gave insufficient weight to Patrick’s contribution to the difficult family situation that

causes V.W.’s general anxiety disorder.

¶ 95 The circuit court found similar flaws with the child custody evaluation prepared by Dr.

Goldstein, albeit to a lesser extent. It found that Dr. Goldstein seemed willing to overlook Patrick’s

actions that contributed to the difficult family situation that causes V.W.’s general anxiety

disorder. It acknowledged that Dr. Goldstein perhaps was unaware of many of those actions

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because they were not referenced in his report but later came out at trial. The court also noted that

Dr. Goldstein did not have the benefit of any direct information from V.W.’s teachers or tutor, and

he was unable to connect with Mattison. These individuals, in the circuit court’s view, provided

essential testimony necessary for a complete evaluation of the case. The circuit court also found

that Dr. Goldstein, like the GAL, gave undue weight to V.W.’s statements to him. The court

recognized that V.W. likely made those statements to Dr. Goldstein, but it noted that V.W. had

“made many contradictory and inconsistent statements about both parents to the GAL, Dr.

Goldstein, teachers, and counselors.” As such, the court expressed reluctance to give greater

weight to the statements V.W. made to the GAL and Dr. Goldstein than to the contradictory

statements she made to others. “[V.W.’s] statements represent her words and feelings at a

particular point in time, filtered through the mind of a child with a sensory processing disorder.

She has made different, inconsistent and at times contradictory statements to different people and

counselors at different points at time.” As such, the court was “concerned with the reliability of

[V.W.’s] statements.”

¶ 96 Patrick asserts that the circuit court improperly “use[d] the diagnosis [of sensory processing

disorder] as justification for discrediting two professional opinions.” We note that, tellingly, he

does not dispute the circuit court’s finding that V.W. made contradictory and inconsistent

statements to various individuals. We also find no error in the weight the circuit court accorded

the statements V.W. made to the GAL and Dr. Goldstein. We agree with Theresa that the circuit

court properly recognized the age, maturity, psychological, developmental, and emotional abilities

of V.W. in deciding how much weight to give her statements, and it explicitly recognized that the

evidence demonstrated that V.W. had a history of making contradictory and inconsistent

statements concerning both parents to her counselors, teachers, family, and the court-appointed

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experts. Indeed, the statements she made to the GAL and Dr. Goldstein, as well as the

contradictory statements she made to others, were pieces of the same puzzle that the circuit court

put together in order to assess the credibility of her statements.

¶ 97 The court noted that both Dr. Goldstein and the GAL concluded Theresa coached V.W.,

yet disregarded evidence that suggested coaching by Patrick. The court pointed to Shores-

Gaston’s testimony that V.W. reported that her father told her she would have to see a judge and

tell him where she wanted to live, and that her mother would have to go to jail. The court also

noted that there was evidence that Patrick had recorded conversations with V.W, and it was

explicitly “concerned that both parents have attempted to influence [V.W.]” Patrick asserts on

appeal that “[t]he existence of the recordings is highly questionable,” yet he fails to acknowledge

his testimony that he did record various conversations with V.W. without her knowledge,

notwithstanding his insistence that the conversations were “normal.” We note that, in his motion

to modify the allocation of parting time, Patrick raised the subject matter of some of the recorded

conversations, namely V.W’s clothing and homework, as a basis for a substantial change in

circumstances. Moreover, Mattison’s testimony was clear that she discussed the recordings with

V.W. during therapy, that V.W. reported to her that she was worried about the recordings, and that

they concluded that “we really shouldn’t have to really worry about those things.” We find no

error in the circuit court’s reasoned disagreement with the conclusions reached by the GAL and

Dr. Goldstein concerning the attempts by both parties to coach V.W.

¶ 98 Put simply, the circuit court was permitted to place more weight on Mattison’s professional

opinion than on the reports prepared by the GAL and Dr. Goldstein. As pointed out by Theresa,

we have stressed that the trial judge, as the trier of fact, is not required to accept the opinion of an

expert on the “ultimate issue” of the placement of the child. See In re Marriage of Gambla &

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Woodson, 367 Ill. App. 3d 441, 468 (2006). Indeed, “[p]rohibiting a trier of fact from rejecting an

expert’s opinion on an ultimate issue would usurp the role of the trier of fact.” Id. As our supreme

court has made clear, “[t]he weight accorded expert testimony must be decided by the trier of fact.”

In re Glenville, 139 Ill. 2d 242, 251 (1990).

¶ 99 We similarly disagree with Patrick’s assertion that the circuit court’s reliance on Mattison’s

opinion, who the circuit court explicitly found “most appropriately assessed the family dynamics

and [V.W’s] best interests,” was unreasonable. Patrick argues that the circuit court “confused

[V.W.’s] diagnosis of her sensory processing disorder to Faith Mattison and not to Dr. Griffith,”

and failed to “actually mention [Mattison’s] opinion regarding [V.W.’s] best interest,” because it

did not reference her testimony that she found the GAL’s report “very accurate” and that Patrick’s

household was more structured and organized than Theresa’s such that it would help reduce

V.W.’s anxiety. He asserts that, “[b]ased upon Ms. Mattison’s twenty (20) years of experience,

Patrick’s household would help reduce [V.W.’s] anxiety[,] and placement with him would be in

her best interest,” and yet “the witness who the [t]rial [c]ourt places the most amount of reliance

recommended that [V.W.’s] best interest would be advanced if she lived in a more stable

environment, such as Patrick’s home.” In this regard, we note that Patrick’s argument seems to

suggest both that the circuit court simply did not understand Mattison’s testimony and that she

recommended that Patrick be allocated the majority of parenting time.

¶ 100 A review of the of the circuit court’s memorandum of decision confirms that it did not

“confuse” the source of V.W.’s sensory processing disorder diagnosis, as it states that Mattison

“explained [V.W.’s] diagnosis of sensory processing disorder and general anxiety disorder and

how the actions of both parents contributed to the ‘difficult family situation’ that caused [V.W’s]

anxiety.” As outlined above, Mattison testified that she “had a report where [likely Dr. Dan

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Griffith] had diagnosed [V.W.] with generalized anxiety disorder and sensory processing

disorder.” Mattison explained at the hearing that she had “to give a diagnosis on the first session,

*** [s]o [she] took the diagnosis from the other doctors.” Admittedly, the circuit court’s statement

that “Faith Mattison has diagnosed [V.W.] with sensory processing disorder” was somewhat

inexact, but it was not inaccurate. Indeed, Mattison’s testimony established that she was required

to make a diagnosis during the first counseling session, and she adopted the diagnoses of prior

medical professionals who had evaluated V.W. Thus, the circuit court was not “confused” when

it stated that Mattison diagnosed V.W. with sensory processing disorder and generalized anxiety

disorder, as Mattison’s testimony was clear that she agreed with and adopted the prior diagnoses.

¶ 101 We also reject Patrick’s characterization of Mattison’s testimony concerning her ultimate

opinion of V.W.’s placement. Patrick asserts that “[b]ased upon Ms. Mattison’s twenty (20) years

of experience, Patrick’s household would help reduce [V.W.’s] anxiety, and placement with him

would be in her best interest,” and he faults the circuit court for “not actually mention[ing] Ms.

Mattison’s opinion regarding [V.W.’s] best interest even though the trial court found that she was

the individual who most appropriately assessed the family dynamic and [V.W.’s] best interest.”

Like Patrick’s argument regarding the original source of V.W.’s diagnoses, this argument appears

to suggest that the circuit court misapprehended Mattison’s testimony. From our review of

Patrick’s brief in conjunction with the applicable report of proceedings, it appears he extrapolated

this assertion from the following exchange between Patrick’s counsel and Mattison during cross-

examination:

“Q. Have you, in the course of your investigation or counseling with [V.W.] and

meeting with mom and what limited meetings you had with father, come to an opinion on

whose home is more structured between the two households?

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A. Dad’s home is more structured.

Q. Okay. And you’ve, you’ve reached that opinion?

A. Yes.

Q. Okay. In your professional experience over the course of— you said it was 20

years—

Q. —of practice with countless children, have you found that children who suffer

from anxiety issues need more boundaries and structure in their lives in order to help

address the anxiety of that patient or child?

A. They typically function, function better in an environment with, with boundary

and structure.

Q. Okay. Now is that— I know that’s your opinion. Is that also documented in

books and, and just in your general field of psychotherapy as well?

A. Yes.”

Patrick’s counsel briefly revisited this line of questioning later in Mattison’s cross-

“Q. And do you recall telling me that if placement— if the court had decided that

placement was with dad, that that would decrease [V.W.’s] anxiety and would help her?

¶ 102 Patrick interprets Mattison’s testimony far too favorably to his position, and his reliance

on it to argue that the circuit court misunderstood her recommendations, or even that she

recommended that Patrick be allocated the majority of parenting time, is misguided. As pointed

out by Theresa, Mattison did not testify that she thought it was in V.W.’s best interests to reside

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primarily with Patrick. After the above exchange, Mattison clarified during re-direct that, although

Patrick’s home was more structured such that it would reduce V.W.’s anxiety, it was necessary to

balance those considerations with her other needs—such as parental support, patience, and

understanding, in order allocate parenting time in a way that was best for her. Mattison made clear

her opinion that “if you have structure, you always also have to have patience and understanding,”

and she previously testified that, for example, V.W. felt that Patrick would get impatient with her

while they worked on her homework. Mattison further testified that V.W. “would lose something

in support” if she was placed primarily with Patrick, citing her very close attachment to Theresa.

Mattison emphasized that “that’s [her] concern.” The circuit court was explicitly persuaded by

her opinions on these critical issues, as it stated in its memorandum of decision that Mattison

“recognized the positive attributes that Patrick’s more structured home would provide to [V.W.],

but also recognized that Theresa needed to maintain parenting time with [V.W.] because of [her]

attachment to her mother. Both parents needed to be actively involved in providing parenting for

[V.W.] in order to serve [her] best interests. In [Mattison’s] opinion, an equal parenting schedule

would be in [V.W.’s] best interests.” As demonstrated by these detailed findings, the circuit court

clearly understood and fairly analyzed Mattison’s testimony and “frank assessment” that a 50/50

allocation of parenting time was in V.W.’s best interests. Notwithstanding Patrick’s assertion that

“Mattison had contradictory testimony regarding what she believed was in the best interest of

[V.W.],” her testimony regarding the ultimate allocation of parenting time is not reasonably

suspectable to more than one interpretation, as she made clear during her direct testimony that, in

her professional opinion, “50/50 placement would be best for [V.W.]”

¶ 103 We are also unpersuaded by Patrick’s argument that the circuit court engaged in a “tortured

and flawed analysis” by “inappropriately shifting [the] blame” to him and unfairly “minimizing

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awful parenting by Theresa.” He asserts that the circuit court “cast [him] in a negative light and

unfairly rebuked him for (1) filing an ARDC complaint against Theresa’s former attorney; (2)

allowing V.W. to go into an inflatable bounce house after sustaining a then-undiagnosed

concussion; (3) attempting to disrupt Theresa’s relationship with Privett; and (4) complaining

about the winter clothing V.W. wore during the transition periods between her parents’

households.

¶ 104 Initially, we observe that this posture appears at odds with the first argument he advances

on appeal—namely, that “the trial court correctly found a change in circumstances.” Addressing

the circuit court’s analysis of a substantial change in circumstances, Patrick states early in his brief

that he “takes no issue with the [t]rial [c]ourt’s findings in this regard.” However, every finding

that he complains of in this subsequent portion of his appellate brief appears only in the segment

of the circuit court’s memorandum of opinion that addresses the presence of a substantial change

in circumstances. The circuit court did not again reference these findings in weighing the statutory

factors set forth in section 602.7(b) of the Marriage Act (750 ILCS 6/602.7(b) (West 2018)) in

allocating parenting time. Nevertheless, we briefly address the findings he complains of.

¶ 105 Concerning the ARDC complaint, Patrick incorrectly asserts that the circuit court found

that he “reported Theresa’s former attorney to the ARDC which caused her former attorney to

withdraw.” Our review of the circuit court’s memorandum of opinion confirms that the court did

not find that the complaint caused Theresa’s counsel to withdraw, but rather, it makes clear that

this was simply Theresa’s view. Patrick acknowledged to Dr. Goldstein that he filed the ARDC

complaint, and the circuit court noted that “[Patrick] did not state the reason for making this

complaint.” Patrick asserts in his reply brief that he filed the complaint “for questionable ethics.”

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Whatever his reason for filing the complaint, we see no error in the circuit court pointing to it as

an example of behavior that further fueled the conflict between the parties.

¶ 106 Similarly, the circuit court did not “unfairly” cast Patrick in a “negative light” regarding

the other findings he complains of, including his “questionable” decision to allow V.W. to play in

an inflatable bounce house while suffering from concussion-like symptoms, his efforts to interfere

in Theresa’s relationship with Privett, and his allegation of neglect concerning V.W.’s winter

clothing, which the circuit court explicitly found frivolous. In all three instances, the circuit court

expressed its reasoned concern that Patrick’s actions put unnecessary strain on his relationship

with Theresa, worsening the family conflict to the detriment of V.W.’s mental health.

¶ 107 We also find meritless Patrick’s assertion that the circuit court improperly minimized

Theresa’s share of the blame for the family conflict. In its systematic review of each of Patrick’s

allegations concerning Theresa’s conduct or parenting of V.W., the circuit court detailed several

instances where it found she bore responsibility for worsening the family conflict. For example,

the circuit court took Theresa to task for, in its determination, facilitating the disclosure of the

photos of V.W. in a bathtub to Shores-Gaston in order to have the matter reported to DCFS, and it

found unreasonable her belief that the photos were inappropriate. It also found her request for an

order of protection based on the photos caused emotional distress to Patrick and V.W., as well as

harmed Rena’s relationship with V.W. It further chastised Theresa for frivolously calling the

police on Patrick, maintaining a disorganized and messy house, twice interfering with Patrick’s

ability to take V.W. to the father/daughter dance, and not intervening in Privett’s decision to

discipline Mackenzie by putting a jalapeno pepper in her mouth, “which was excessive and clearly

in bad judgment,” which caused V.W. to become anxious and upset.

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¶ 108 The circuit court, after weighing all the evidence, exhibits, recommendations of various

experts, and the arguments of counsel at an extensive hearing, found that “both parents have

engaged in conduct that has caused a change in circumstances that has adversely affected [V.W.’s]

best interests,” and that “the parental conflict itself has been the cause of much of [V.W.’s]

anxiety.” It went on to state that, “[a]lthough Theresa has engaged in behavior that has caused a

change in circumstances that has adversely affected [V.W.’s] best interests, both parents bear

responsibility for this conflict.” It also noted that “Patrick *** has engaged in conduct to contribute

to [V.W.’s] difficult family circumstances, [and] adversely affecting her emotional well-being,

which manifests itself in her general anxiety disorder.” The circuit court assessed the actions of

each parent and made plain its criticisms of those actions where it felt appropriate. We see no

error in the circuit court attributing some of the blame to Patrick for the family conflict. Put simply,

the circuit court did not spare either parent from its disapproval for their respective contributions

to the family conflict, and the circuit court’s ultimate judgment on best interests was not against

the manifest weight of the evidence.

¶ 109 Patrick’s motion in limine

¶ 110 Patrick’s final argument on appeal is that the circuit court erred in denying the bulk of the

relief he sought in his motion in limine and allowing three witnesses to testify because they were

disclosed “on the eve of trial.” He asserts that at 4:58 p.m. on the Friday before trial was to begin

the following Monday, Theresa submitted her final witness list which included four additional

witnesses that she had not previously disclosed in her discovery responses. Specifically, she

identified (1) Theresa’s mother, Donna Paradiso; (2) Privett; (3) the parties’ mediator, Lu Jenkins;

and (4) V.W.’s tutor, Melissa Dunham, as testifying lay opinion witnesses. Patrick filed a motion

in limine, asserting that the additional, “previously undisclosed persons,” were improper and

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highly prejudicial. The motion sought to bar their testimony, as well as bar the admission of any

documents other than those already tendered by Theresa in her prior discovery responses. During

argument on the motion in limine, Patrick pointed out that Theresa’s counsel had tendered 13

additional pages of documents that morning. After hearing the arguments of counsel, the circuit

court largely denied Patrick’s motion in limine in that, citing confidentiality concerns, it barred

only the parties’ mediator from testifying. However, it allowed the remaining three witnesses to

testify, and it further allowed the admission of the additional 13 pages of documents.

¶ 111 Illinois Supreme Court Rule 213 (eff. Jan 1, 2018) governs discovery by written

interrogatories, including the disclosure of lay witnesses who will testify at trial. See Ill. S. Ct. R.

213(f)(1). Rule 213(f)(1) defines “lay witness” as “a person giving only fact or lay opinion,” and

requires the party to “identify the subjects on which the [lay] witness will testify.” As pointed out

by Patrick, Rule 213 also requires a party to “seasonably supplement or amend any prior response

whenever new or additional information subsequently becomes known to that party.” Id. at 213(i).

The exclusion or admission of evidence by the circuit court, including lay opinion witness

testimony, is reviewed for an abuse of discretion. Boyd v. City of Chicago, 378 Ill. App. 3d 57, 67

(2007). An abuse of discretion occurs only where no reasonable person would take the view

adopted by the circuit court. Id. The factors that the circuit court must consider when deciding

whether to impose a sanction, such as barring witness testimony for a discovery rule violation,

include: “(1) the surprise of the adverse party; (2) the prejudicial effect of the witness’ testimony;

(3) the nature of the testimony; (4) the diligence of the adverse party; (5) the timeliness of the

objection; and (6) the good faith of the party seeking to offer the testimony.” Id. at 68 (quoting

Nedzvekas v. Fung, 374 Ill. App. 3d 618, 621 (2007)).

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¶ 112 We determine that the circuit court did not abuse its discretion in allowing Theresa’s

mother, Privett, and V.W.’s tutor to testify at trial, as well as in allowing the 13 pages of additional

documentation. Although Theresa’s disclosures were certainly “last minute,” we note that the

circuit court asked both Patrick and Theresa’s counsel if there was an order in place that established

a deadline for the completion of discovery, and both answered in the negative. Contrary to his

assertion, Patrick was in no way “ambushed” because, as noted by the circuit court, the disclosure

of Theresa’s mother, Privett, and V.W.’s tutor, was not an undue surprise because Patrick knew of

all the proposed witnesses and their connection to the case, and the GAL interviewed Privett and

included a summary of their discussion in her report. Moreover, the circuit court, within its

discretion, determined that there was no surprise or undue prejudice to Patrick because none of the

additional witnesses would be called to testify for at least another two weeks. The circuit court

went on to state that, “in all candor, [they] are probably people who are going to be needed for me

to really understand [and] make a decision here.” Within its discretion, the circuit court also

properly denied the motion in limine concerning the 13 additional pages of documents, as there

was no surprise or prejudice to Patrick because the documents consisted of examples of V.W.’s

homework and an invoice for the purchase of school uniforms. These determinations were

reasonable in light of the circuit court’s explicit need to hear the proposed testimony and view the

evidence in order to make a fully informed decision in V.W.’s best interests. Accordingly, the

circuit court did not abuse its discretion concerning Patrick’s motion in limine.

¶ 113 III. CONCLUSION

¶ 114 For the reasons stated, we affirm the judgement of the circuit court of Winnebago County.

¶ 115 Affirmed.

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