Pryweller v. Pryweller

579 N.E.2d 432, 218 Ill. App. 3d 619, 161 Ill. Dec. 884
CourtAppellate Court of Illinois
DecidedSeptember 30, 1991
Docket1-89-2154
StatusPublished
Cited by30 cases

This text of 579 N.E.2d 432 (Pryweller v. Pryweller) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pryweller v. Pryweller, 579 N.E.2d 432, 218 Ill. App. 3d 619, 161 Ill. Dec. 884 (Ill. Ct. App. 1991).

Opinions

JUSTICE DiVITO

delivered the opinion of the court:

Petitioner Eileen Pryweller appeals from the circuit court’s order finding her in direct civil contempt for failure to produce her 14V2-year-old daughter and 17-year-old son for therapy and visitation with their father, respondent Dale Pryweller, pursuant to an earlier court order. Petitioner was sentenced to imprisonment until such time as the two children, both inpatients in a psychiatric hospital, were released from the hospital and delivered to their father for therapy and two weeks of visitation.

On appeal, petitioner contends that the circuit court’s finding of contempt is against the manifest weight of the evidence; that the order contains insufficient findings; and that the judge should have sua sponte recused herself from the proceedings due to her prejudice against petitioner.

The post-divorce litigation in this case has been complex. Respondent, an attorney, has filed numerous motions regarding visitation, therapy, and related issues. In January 1989, the circuit court noted that the computer printout of the case history indicated there were 217 court entries.

Petitioner and respondent were married in 1971, separated in 1977, and divorced in 1978 in California. Petitioner was given custody of the two children: Arielle, born October 3, 1974, and Nathan, bom June 13, 1972. Petitioner later moved to Illinois with the children. Throughout the proceedings, respondent has remained in California, where he practices law. Respondent’s visits with the children between 1977 and 1989 took place in South Bend, Indiana, at the home of his parents.

In 1981, the parties began litigating visitation issues in Illinois. On March 29, 1985, respondent filed his first contempt petition concerning visitation.

On December 28, 1987, the parties entered into an agreed order, which states, among other things, that the “parents agree to engage in regular therapy with a competent therapist of each person’s choice. [Respondent] agrees to choose a therapist in California. *** The parties will agree upon a competent therapist for the children. Such therapist shall be a specialist at repair of parent-children relationships, and especially in adverse and hostile relationships between children and one parent. The purpose of therapy is the improvement of the children’s relationship with their father. *** The children will see the same therapist, though not necessarily together.” The order additionally states that “Both parents agree to participate in conjoint therapy sessions with the children, as requested by the children’s therapist ***. The parties anticipate that in 1988 [respondent] will participate in conjoint therapy with the children, subject to the recommendations of the children’s therapist, preceding or following each visitation.” The order also provides that the parties agree that respondent shall have two weeks of visitation near the end of August each year.

On April 27, 1988, respondent filed a contempt petition regarding visitation and therapy; on May 31, 1988, he filed another contempt petition regarding visitation; on June 18, 1988, he filed a petition for a mental examination of petitioner; and on July 18, 1988, he filed a motion to modify the December 28, 1987, agreed order and revive certain withdrawn petitions.

On June 20, 1988, the court entered an order stating that Dr. August Crivolio, a psychologist agreed upon by the parties, would examine the children and petitioner in July 1988. One or both of the children ultimately saw Dr. Crivolio several times each month in February, March, April, May, and June 1989. After that time, the children refused to attend therapy.

On July 27, 1988, evidentiary hearings began on some of these petitions. These hearings were still in progress when the August 1989 contempt order was entered. Many of the petitions and motions remain pending in the circuit court.

On August 1, 1989, respondent filed an “Emergency Petition for Rule to Show Cause for Failure to Attend Previously Ordered Therapy and For Other Relief.” On the same day, Dr. Crivolio wrote to the court that petitioner had a meeting with him on July 28, and the children had one scheduled for August 9,1989.

On August 2 and 3, 1989, the court heard testimony from both sides regarding the petition relating to the failure to bring the children to therapy.

On August 4, 1989, the court found that petitioner generally failed to “demonstrate her commitment to the agreed order of 12/28/ 87.” Specifically, the court stated that petitioner “has not produced Arielle since 6/15/89 for weekly summer therapy visits with Dr. Crivo-lio and has not produced Nathan since 6/2/89 [sic] for weekly summer visits without cause or justification.” Petitioner was therefore found in contempt of the December 28,1987, order regarding therapy.

The court also referred to a June 25, 1989, order which directed petitioner to bring Arielle to therapy, and found that “there was no cause or justification on [petitioner’s] part for failing to bring or deliver Arielle to therapy.” Petitioner was also ordered to pay all costs for the August 2 and August 3,1989, hearing.

The court stated that petitioner could purge herself of the contempt by taking the children for “intensive therapy as directed by Dr. Crivolio” and by complying with the agreed order of December 28, 1987, which provided for two weeks’ visitation in August. The visitation was to run from August 10 to August 24, 1989. The court found “the above-mentioned terms are within the ability of [petitioner].” The court stated that if petitioner did not purge herself “of contempt in this fashion, she will be committed to the Cook County House of Corrections on August 25, 1989, and remain there until” respondent had two weeks’ visitation, and the children “receive intensive therapy with Dr. Crivolio.” The court concluded, “There will be a recall on this case at 9:00 a.m. on August 25, 1989, all parties to be present to determine whether or not the contempt order has been purged.”

On August 10, 1989, petitioner filed an emergency petition for a stay of execution of the August 4, 1989, order, which was to go into effect August 25,1989.

Petitioner testified on August 10, 1989, that, following the court proceeding on Friday, August 4, she informed the children of the substance of the court order. They were extremely upset about the continued forced therapy and visitation, and about the possibility of their mother being imprisoned. During the weekend, petitioner continued to encourage the children to comply with the order, but they reacted with increased rage and depression. They were very hostile and deeply confused.

Petitioner further testified that on Sunday, August 6, she telephoned Dr. Crivolio. She asked for his advice on how to get the children to see him. She testified:

“I told him that I didn’t think I would be able to do it without using force, and he said, ‘Do not use force. Do not call the police. Do not threaten any harm to them.’ He said he believed— it was his assessment, based on his limited knowledge of the therapy, that I had it within my power to persuade them to come, and that I was to use my powers of persuasion only.”

Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
579 N.E.2d 432, 218 Ill. App. 3d 619, 161 Ill. Dec. 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pryweller-v-pryweller-illappct-1991.