Reynolds v. Reynolds

Summary

The Illinois Appellate Court, Second District, considers whether the trial court applied the correct legal standard when denying Christopher Reynolds's request to increase his parenting time. The court holds that a request to modify parenting time under section 610.5(a) of the Illinois Marriage and Dissolution of Marriage Act requires a showing of changed circumstances necessitating modification to serve the child's best interests, rather than the substantial-change standard applicable to modifications of a parenting plan or allocation judgment under section 610.5(c). The court vacates the judgment and remands with directions.

Holdings

1. Illinois Supreme Court Rule 311(a) requires expedited disposition of appeals concerning parenting time because parenting time is included within the statutory definition of parental responsibilities.
2. Under section 610.5(a) of the Illinois Marriage and Dissolution of Marriage Act, a party seeking solely to modify parenting time must show changed circumstances that necessitate modification to serve the child's best interests; the party need not show a substantial change in circumstances.
3. The circuit court erred by requiring proof of a substantial change in circumstances on respondent's stand-alone motion to modify parenting time.

Questions Presented

1. Whether Illinois Supreme Court Rule 311(a) requires expedited disposition of an appeal concerning only modification of parenting time.
2. Whether section 610.5(a) or section 610.5(c) of the Illinois Marriage and Dissolution of Marriage Act governs a stand-alone request to modify parenting time.
3. Whether the circuit court applied the correct standard in granting a directed finding against the request to modify parenting time.

Disposition

vacated