In a case closely watched by matrimonial law practitioners statewide, Berger Schatz won a victory for its client in a case involving child custody and the right of parents in a divorce to make binding agreements permitting one parent to “remove” (i.e., move away with) a child permanently from the State of Illinois.
In an opinion filed on September 20, 2012, the Supreme Court reversed a decision by the Illinois Appellate Court and held that when both parents have entered a joint parenting agreement that is incorporated into the judgment of dissolution and authorizes the custodial parent to remove the children after a certain date, removal is permitted under Illinois law. To prevent removal after that point, the non-custodial parent must meet the standard for modifying a child custody agreement, which requires clear and distinct evidence of a substantial change in circumstances since the prior custody judgment was entered. Click here to read the full opinion.
Berger Schatz partner Norman Ruber argued case before the Supreme Court, backed by associate Eric Schwab.