In re Marriage of Eckersall
12 N.E.3d 830
Ill. App. Ct.2014Background
- Petition for dissolution and joint custody filed; counterpetition for dissolution and potential sole custody; attorney appointed for minor children under 506(a)(3); temporary parenting schedule petition filed; order setting a custody/visitation injunction terms entered July 10, 2013; order described as an injunction but focused on visitation rules rather than substantive relief; Catherine appeals under Rule 307(a)(1); appellate dismissal due to non-injunctive, ministerial nature of the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the July 10, 2013 order is an injunction subject to Rule 307(a)(1) | Catherine argues the order is an injunction | Eckersall contends it is not an injunction but temporary relief | Not an injunction; appeal dismissed for lack of jurisdiction |
Key Cases Cited
- In re A Minor, 127 Ill. 2d 247 (1989) (injunction analyzed by substance, not label)
- In re Marriage of Centioli, 335 Ill. App. 3d 650 (2002) (injunctive relief requirements; 11-101 standards)
- In re Marriage of Slomka, 397 Ill. App. 3d 137 (2009) (visitation orders and status quo; temporary relief vs. injunction)
- In re Meyer, 197 Ill. App. 3d 975 (1990) (temporary relief provisions in dissolution cases)
- In re A.W.J., 197 Ill. 2d 492 (2001) (best interests standard guiding custody decisions)