ILLINOIS DIVORCE LAW BLOG

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Why are the privacy interests of children important in family law cases?  A case cited below kind of highlights the need for courts to have the ability to receive information (perhaps from a GAL) in the privacy of chambers with the attorneys (in Illinois, called a “pretrial conference). The reason for this need of hearings, interviews or meetings in chambers is to protect the privacy and personal interests of the minor children, and to not have perhaps sensitive information about a case displayed to the public in open court. Illinois quite effectively acts to protect these privacy interests, in my experience. Most judges will often hear reports from the GAL, or have meetings with the GAL and attorneys,  in chambers so that very private information about children are not disclosed in open court.

Court: Supreme Court of Nevada

Citation: 141 Nev. Adv. Op. No. 4

Opinion Date: January 30, 2025

Judge: Lidia Stiglich

Areas of Law: Civil Procedure, Family Law
Leanne Nester and Cody Gamble divorced in 2022, with custody arrangements for their two minor children outlined in the divorce decree. Gamble later moved to modify custody, and during the proceedings, a press organization requested media access, which the district court granted. Nester moved for reconsideration, seeking to close the hearing to protect sensitive information about the children, including medical and Child Protective Services records. The district court denied her motion, interpreting a previous case, Falconi v. Eighth Judicial District Court, as precluding closure of family law proceedings.

The district court concluded it lacked discretion to close the hearing, stating there was no statute or rule allowing it. Nester then sought writ relief from the Supreme Court of Nevada, arguing that the district court misinterpreted Falconi and failed to consider her privacy interests and those of her children.

The Supreme Court of Nevada reviewed the case and found that the district court erred in its interpretation of Falconi. The court clarified that Falconi does not prohibit the closure of family law proceedings but requires a case-by-case analysis to determine if closure is warranted. The court outlined that closure is permissible if it serves a compelling interest, there is a substantial probability that the interest could be harmed without closure, and no alternatives to closure would adequately protect the interest.

The Supreme Court of Nevada granted Nester’s petition, directing the district court to vacate its order denying the motion to close the hearing and to reconsider the motion using the test outlined in Falconi. The court emphasized the need for the district court to properly apply the factors to determine whether closure is justified.
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A “source of funds” rule refers to a legal principle, primarily used in divorce proceedings, that determines whether a property should be classified as marital or separate based on the origin of the funds used to acquire or improve it; essentially, it means that if a spouse contributes premarital funds to purchase a marital asset, they may retain a separate interest in that asset proportional to their contribution. 

The husband filed for dissolution after 18 years of marriage, disputing whether two adjacent lots were marital property. One lot included the marital home, and the other had a barn for the wife’s horse training business. The husband purchased both lots before the marriage, but both were encumbered by loans paid off with a mix of marital and premarital funds. The properties appreciated significantly during the marriage due to market forces. The key issue was whether paying down the loans with marital funds created a marital interest in the properties.

The District Court concluded that the lots were nonmarital property, except for the marital contributions toward the loan principals. The court awarded the husband the properties and the wife a cash equalization payment for half of the marital contributions. The wife appealed, arguing that the properties should be considered marital due to the use of marital funds to pay down the loans.

The Court of Appeals affirmed the district court’s decision regarding the land portions of the lots, finding them nonmarital. However, it reversed the decision regarding the barn and other improvements on one lot, classifying them as marital property due to the joint efforts in their construction and operation. The court modified the equalization payment to the wife accordingly.

The Supreme Court reviewed the case and adopted the “source of funds” rule, which considers the marital estate’s acquisition of equity in the properties through loan paydowns with marital funds. The court reversed the Court of Appeals’ decision regarding the land portions of the lots and remanded the case for a new hearing to determine the equitable division of these properties, considering the source of funds rule. The decision regarding the barn and other improvements was affirmed.
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WHEN CHILDREN RESIST/REFUSE CONTACT with a parent after the breakup of the family, the cause for the contact resistance can be from various sources. When children resist/refuse contact with a parent and when it is objectively determined that parental alienation is the cause for the contact refusal, the issue is quite serious. This is because the contact refusal is without a rational basis and because it is being fueled by a parent whose own needs and wishes are seen as a substantial cause of the child’s resistance. In many, if not most of these cases, the parent who energizes the contact refusal, sometimes referred to as the alienating parent, can also be thought of as perpetrating a form of psychological abuse on the child.

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Finally, when selecting experts, keep in mind there are different kinds, and varying skill sets. Some experts are consulting only and not disclosed to the other side. Others are general experts who opine as to hypotheticals presented to them during testimony. And some experts examine the pleadings and read the files to be testifying experts. For this last type of expert, make sure that any testimony they offer is carefully confined to ethical parameters (for example, not offering opinions about parties in litigation that the expert has not directly assessed).

Excerpted from PASG Newsletter: Building a Strong Child-Centered Case in Parent-Child Contact Litigation: A Guide to Research, Experts, and Ethical Strategy Robert A. Simon, PhD, and Virginia E. Griffin, Esq

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Parental Alienation Study Group, Inc (PASG), is a nonprofit international organization of mental health professionals, legal professionals, targeted parents and grandparents, and child and family advocates who are interested in the study of parental alienation. 

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Years ago, I helped write and edit elements of Bill Eddy’s landmark book Splitting that offered readers, for the first time, guidance and understanding of personality disorders in the context of a high conflict divorce. Today, Bill continues to educate and help other navigate the difficulties of parenting and divorcing with a HCP (high conflict person).

“In this episode, Megan Hunter dives into the world of high conflict personalities.  Megan takes the opportunity to answer listener questions and provide valuable insights on identifying and dealing with individuals who exhibit high conflict behaviors. Throughout the episode, she offers practical strategies for managing these challenging interactions and maintaining your own well-being. Understanding the Five Types of High Conflict Personalities Megan begins by explaining the five high conflict personality types: those who fear feeling inferior, abandoned, ignored, dominated, and paranoid. She emphasizes that while each type has unique traits, they all share a common pattern of behavior driven by fear. By understanding these underlying fears, listeners can develop more effective approaches to communicating and setting boundaries with high conflict individuals. Navigating Family Dynamics with High Conflict Personalities One listener asks for guidance on dealing with a high conflict family member who acts as an “emotional bully.”

https://youtu.be/NQ03AdVB-uY?si=5bIaoM1v0ujVfaA1

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The issue of cohabitation in Illinois divorce cases is an interesting one.  Sometimes, a spouse that is receiving maintenance support engages in a relationship with a third party after the divorce. The payor spouse many times feels a bit cheated, in that a former spouse (payee)  receives financial support while at the same time dating someone exclusively and sharing their home with him/her.  In Mattson, a former husband felt burned that he was paying support to his ex-wife while she was engaging in a lengthy relationship with a Chicago sportscaster. The former husband hired private investigators to watch the former wife’s house. Former husband brought his case to Court.

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Marriage of Mattson: 2024 IL App (3d) 230307-U

Section 510(c) of the Dissolution Act provides that, “Unless otherwise agreed by the parties ***, the obligation to pay future maintenance is terminated upon the death of either party, or the remarriage of the party receiving maintenance, or if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis.” 750 ILCS 5/510(c) (West 2022). (Emphasis added.)

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Quick Question: What is Parental Alienation?

Parental alienation refers to a situation where one parent deliberately influences their child to reject, fear, or show hostility toward the other parent. This can happen through manipulation, badmouthing the other parent, or restricting contact between the child and the other parent. The goal of the alienating parent is often to damage the child’s relationship with the other parent, often during or after a divorce or separation.

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Parental alienation can have serious emotional and psychological impacts on children. It can distort their understanding of family dynamics and cause long-term issues like anxiety, depression, and relationship difficulties. It is also harmful to the parent who is being alienated, as it disrupts their relationship with their child.

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Valuing a small business in a divorce can be complex and often involves several methods. Here are some common approaches:

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  1. Income Approach:
    • Capitalization of Earnings: This method estimates future profits and applies a capitalization rate to determine the business’s value.
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Reunification therapy is a specialized form of therapy that focuses on repairing relationships between estranged family members. It is often used in cases of parental alienation, high conflict divorce, or other situations where family bonds between parents and children have been damaged.

The goal of reunification therapy is to:

  • Rebuild trust: Help family members rebuild trust and communication.
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How do you know it is parental alienation—and not justified rejection and estrangement?

In a case where a child rejects contact with a parent, a psychological evaluator or skilled GAL can determine if the rejection is unwarranted, which is called parental alienation, by making a thorough investigation of the empirical facts over time. If the child has a legitimate reason to reject a parent, it is called estrangement. There are in my experience cases where both factors can exist: a targeted parent is being alienated and then acts in negative ways with the child that solidify the estrangement.

An evaluator can use the Five-Factor Model to identify and diagnose parental alienation. If the answer, after thorough and qualified investigation, to all five questions below is yes, it is most probably a case of moderate or severe parental alienation.

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