Rosenbaum v. Rosenbaum

542 N.E.2d 872, 184 Ill. App. 3d 987, 133 Ill. Dec. 661, 1989 Ill. App. LEXIS 1183
CourtAppellate Court of Illinois
DecidedMay 23, 1989
Docket1-88-0217
StatusPublished

This text of 542 N.E.2d 872 (Rosenbaum v. Rosenbaum) 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
Rosenbaum v. Rosenbaum, 542 N.E.2d 872, 184 Ill. App. 3d 987, 133 Ill. Dec. 661, 1989 Ill. App. LEXIS 1183 (Ill. Ct. App. 1989).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

The defendant, Jean Rosenbaum, appeals from an order of the circuit court of Cook County vacating portions of a permanent injunction order requiring the plaintiff Richard Rosenbaum, her son, to telephone her no less than once every three months and to meet her in person at least once each year.

This cause originated on the complaint of Richard Rosenbaum and Ann R Rosenbaum, his wife, seeking a permanent injunction against the defendant, his mother, to restrain her from contacting the plaintiffs by telephone at their home or at their places of employment, and from contacting any personnel at their places of employment.

After an evidentiary hearing on the complaint and pro se answer, the trial court entered a permanent injunction order on September 30, 1985, in favor of the plaintiffs and against the defendant as follows:

“1. Defendant is temporarily and permanently enjoined from verbally contacting plaintiffs, except as provided herein below.
2. Defendant is temporarily and permanently enjoined from telephoning the plaintiffs at their places of employment or home and from visiting either of them at their places of employment or home.
3. Defendant may communicate with plaintiffs by written correspondence and plaintiff Richard Rosenbaum shall supply defendant with any new home address he may incur for the forwarding of mail, by six months thereafter.
4. Plaintiff Richard Rosenbaum shall telephone defendant no less than once every three months, which telephone conversation by Richard shall extend for no less than one minute.
5. At least once each year, starting on or about September 26, 1986, Richard Rosenbaum and defendant shall meet in person at a neutral place to be agreed upon, with arrangements to be made through Edward A. Berman or one of defendant’s other children.
6. This permanent injunction shall issue for good cause shown and without bond.
7. The Court retains jurisdiction for purposes of enforcing the provisions contained herein.”

A month later the plaintiffs filed a motion to delete paragraphs 4 and 5 of the injunction order, but their motion was denied. On March 3, 1987, the plaintiffs filed a motion to vacate the permanent injunction order alleging that the terms and conditions of the order requiring plaintiff Richard to call the defendant were unacceptable and intolerable. This motion was also denied on June 8, 1987, and one month later plaintiffs filed a motion to reconsider that denial alleging that plaintiff Richard was totally unwilling to allow the defendant to become a part of his life in any way; that “it is not within the province of the Court to regulate all the behavior of individuals, but the injunction seeks to do this”; that compliance with the order is not feasible and is effectively meaningless because “the calls every three months will not fulfill the constant suspicion of the defendant that her son is being or has been harmed in some way”; and that equity does not command that a “court have jurisdiction to supervise feelings between adult parties by imposition of arbitrary demands.”

The defendant filed a pro se answer that equity requires a change of facts to revoke or modify a permanent injunction; that as a parent of plaintiff Richard she has a common law right to see him; that it is not unreasonable behavior for her to desire to see her son; and that since he does not respond to her letters, it is not a proper answer to the problem. Defendant then filed motions for the production of documents and interrogatories directed to plaintiff Richard. After holding a hearing on all motions, on October 26, 1987, the trial court entered an order denying plaintiffs’ motion to reconsider and denying defendant’s motions for discovery, but it vacated paragraphs 4 and 5 of the permanent injunction order of September 30, 1985. Defendant filed a timely motion to vacate or modify the latter order or in the alternative to vacate the permanent injunction order entered on September 30, 1985. The motion was denied and defendant now appeals.

Defendant contends that (1) pursuant to section 102(2) of the Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1985, ch. 40, par. 102(2)), the permanent injunction was entered in accordance with the legislative intent to safeguard family relationships and that the statute did not set any age limits on that goal; (2) the injunction order in its modified form violates her State and Federal constitutional rights to exercise freedom of speech, citing Santosky v. Kramer (1982), 455 U.S. 745, 71 L. Ed. 2d 599, 102 S. Ct. 1388, and Moore v. City of East Cleveland (1977), 431 U.S. 494, 52 L. Ed. 2d 531, 97 S. Ct. 1932; (3) the injunction order in its modified form does not comply with the provisions of section 11 — 101 of the Illinois Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 11 — 101) because it failed to set forth the reasons for its entry; (4) the trial court abused its discretion by denying her right to discovery, her right to cross-examination into the plaintiffs’ motives for their action, her right to testify as a witness, and failing to consider that despite the fact that plaintiff Richard said he wanted nothing to do with the defendant, he did not waive inheritance rights to her estate; (5) the plaintiffs failed to legally justify the injunction order by alleging and showing actual and substantial injury to them as required by Barco Manufacturing Co. v. Wright (1956), 10 Ill. 2d 157, 139 N.E.2d 227, or that there was any urgency in the situation or irreparable harm to them without modification of the permanent injunction order as required by Sadat v. American Motors Corp. (1984), 104 Ill. 2d 105, 470 N.E.2d 997; and (6) she is entitled to and justified in receiving costs from the plaintiffs because of the litigation of this matter.

The issue raised herein involves the ordering of an adult child to communicate with and visit a parent, and the enjoining of a parent from communicating with an adult child except by mail. We do not believe that such matters have been addressed heretofore in Illinois, and we know of no law under which the trial court may so order an adult child.

However, the legislature has recognized in the Illinois Domestic Violence Act of 1986 (the Act) (Ill. Rev. Stat. 1987, ch. 40, pars. 2311— 1 through 2312 — 27) that courts do have a role in resolving some family disputes other than those we encounter, for example, in our domestic relations and juvenile laws, none of which is pertinent here. The Domestic Violence Act provides that one being harassed, defined in part as repeated “telephoning [of] petitioner’s place of employment, home or residence,” by a family member may file a petition for an order of protection. (Ill. Rev. Stat. 1987, ch. 40, pars.

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Bluebook (online)
542 N.E.2d 872, 184 Ill. App. 3d 987, 133 Ill. Dec. 661, 1989 Ill. App. LEXIS 1183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenbaum-v-rosenbaum-illappct-1989.