Summary
Case Summary: In re Marriage of Kreps - **Summary:** A single Instagram post captioned "Finally free!" cost one mother primary custody, reduced her to supervised visitation, and buried her in $85,000 of legal fees—a stark warning that social media is a litigation minefield where opposing counsel screenshots everything. This Illinois relocation custody checklist exposes seven catastrophic mistakes, from deleted text messages triggering spoliation sanctions to financial disclosure lies inviting perjury charges, while urging encrypted communications, two-factor authentication, and VPN use to protect sensitive case information from digital exposure.
```htmlWhy This Checklist Exists: "In 15 years practicing family law in Cook County, I've seen unprepared clients lose winnable cases. This checklist ensures you don't make those mistakes."
The Fifth District's June 2025 ruling in In re Marriage of Kreps (2025 IL App (5th) 250053-U) delivers a harsh lesson. Ashley Birdwell won at trial. Brian Kreps walked away with modified parenting responsibilities. Then the appellate court dismantled everything. Why? The trial judge failed to document the reasoning behind each decision.
Whether you're fighting a relocation petition or building your trial record, Kreps proves one thing: Winning at trial means nothing if your case can't survive appeal.
Use this checklist to avoid the seven catastrophic mistakes Illinois courts see every day.
30 Days Before Filing: Critical Preparation
- ☐ Gather financial records: Last 3 years tax returns, bank statements, investment accounts
- ☐ Document digital assets: Cryptocurrency wallets, PayPal, Venmo accounts
- ☐ Secure sensitive communications: Use encrypted email (ProtonMail) for attorney correspondence
- ☐ Change passwords: Bank accounts, email, social media (use password manager)
- ☐ Screenshot evidence: Text messages, emails, social media posts (preserve metadata)
- ☐ Calendar the 60-day notice deadline: Treat this as sacred under Section 609.2(d)
Mistake #1: Ignoring the 60-Day Notice Requirement
What It Looks Like: A mother decides to relocate to Missouri. She mentions the move casually during a custody exchange. Then she packs up and leaves three weeks later. No formal written notice filed.
Why People Make It: Many parents believe verbal communication is "good enough." Others think the notice requirement is a formality. Some get bad advice from friends who relocated years ago—before Illinois tightened its statutes.
Real Consequence: In In re Marriage of Shinall (2022 IL App (5th) 210191), the mother relocated without providing required notice. The trial court ordered the child's immediate return. It then transferred primary custody to the father. The appellate court affirmed. The notice violation showed bad faith.
The Cost:
- Mother's attorney fees: over $95,000
- Sanctions ordered: $22,500 of father's fees
- Total financial devastation: over $117,000
- Plus the loss of her children
Your Checklist:
- ☐ Calendar the 60-day deadline immediately
- ☐ Provide written notice including: intended date, new address, duration, and specific reasons
- ☐ Send via certified mail with return receipt requested
- ☐ Keep copies in a dedicated relocation file
Illinois Law: Section 609.2(d) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609.2) requires 60-day advance notice. Non-compliance "may affect perceptions of good faith." The Kreps court highlighted this language as a roadmap for opposing counsel.
At Filing: Required Documents
- ☐ Petition for Dissolution/Custody/Modification
- ☐ Summons
- ☐ Financial Affidavit (sworn, notarized)
- ☐ Filing fee (varies by county—verify current amount)
Mistake #2: Filing Incomplete or Inaccurate Financial Disclosures
What It Looks Like: A father seeking to block relocation submits a financial affidavit showing $65,000 annual income. Discovery reveals he earned $142,000 last year. He "forgot" to mention his side consulting business.
Why People Make It: Some parents genuinely overlook income sources. Others deliberately underreport. They believe the court won't dig deep enough. Both approaches are catastrophic.
Real Consequence: Courts treat financial dishonesty as a credibility killer. When opposing counsel exposes the discrepancy, the judge questions everything. Your parenting involvement claims. The child's preferences. The other parent's alleged deficiencies. All suspect.
The Cost:
- Potential perjury charges
- Sanctions and adverse credibility findings
- Attorney fee awards to opposing party
- Additional litigation expenses: $30,000-$50,000
- Sometimes custody itself
Your Checklist:
- ☐ Gather three years of tax returns, bank statements, and pay stubs
- ☐ Disclose ALL income: W-2, 1099, rental, dividends, cryptocurrency gains
- ☐ Have your attorney review before filing
- ☐ If you find an error, immediately file an amended affidavit with explanation
Illinois Law: Illinois Supreme Court Rule 13.3.1 requires complete and accurate disclosure. Intentional misrepresentation can constitute perjury under 720 ILCS 5/32-2. Contempt findings may follow under 750 ILCS 5/508.
Cybersecurity Safeguards During Your Case
- ☐ Enable two-factor authentication on all accounts
- ☐ Monitor credit reports (identity theft is common during divorces)
- ☐ Use VPN when accessing case documents from public Wi-Fi
- ☐ Never discuss case details on social media (discoverable evidence)
Mistake #3: Posting About Your Case on Social Media
What It Looks Like: A mother fighting to relocate posts Instagram stories. She's drinking at bars. Dancing at clubs. Caption: "Finally free!" Meanwhile, she testified she needs to relocate for a "quieter, more stable environment."
Why People Make It: Parents don't realize social media posts are discoverable. They separate their online persona from their court persona. They forget opposing counsel is watching. And screenshotting. Everything.
Real Consequence: A client's Facebook posts about "partying every weekend" proved she wasn't a fit parent. The posts directly contradicted her testimony about prioritizing stability and routine.
The Cost:
- Lost primary custody
- Reduced to supervised visitation
- Relocation petition denied
- Two years of litigation: approximately $85,000 in fees
- All destroyed by a few careless posts
Your Checklist:
- ☐ Lock down all social media accounts immediately (maximum privacy)
- ☐ Don't post about your case, the opposing party, or your children
- ☐ Assume everything electronic will be read aloud in court
- ☐ Use encrypted communication (ProtonMail, Signal)
- ☐ Ask friends and family not to tag you during litigation
Illinois Law: Social media content is discoverable under Illinois Supreme Court Rule 214. Courts routinely admit posts, messages, and photos as evidence of lifestyle, judgment, and credibility.
Discovery Phase: Evidence Collection
- ☐ Respond to interrogatories within 28 days (Illinois Supreme Court Rule 213)
- ☐ Produce requested documents (use secure file transfer, not unencrypted email)
- ☐ Prepare for deposition (meet with attorney 48 hours before)
Mistake #4: Failing to Preserve Digital Evidence
What It Looks Like: A father has months of text messages. They prove his ex-wife repeatedly denied parenting time. His attorney requests them for trial. He admits he "cleared out old texts" for phone storage. The evidence is gone.
Why People Make It: People delete messages routinely. They assume they can retrieve content later. Often impossible without expensive forensic recovery. Some delete messages that look bad. They don't realize this is spoliation.
Real Consequence: Without the texts proving parenting time interference, the father couldn't prove his case. The court denied his modification request. He was stuck with the status quo. Months of documented violations—now unprovable.
The Cost:
- Lost leverage in modification proceedings
- Potential spoliation sanctions
- Adverse inferences—court assumes deleted evidence was harmful to you
Your Checklist:
- ☐ Enable automatic cloud backup for all text messages immediately
- ☐ Screenshot important exchanges and email to yourself (creates timestamp)
- ☐ Use apps like TextExporter or iMazing for comprehensive archives
- ☐ Never delete any co-parent communication during litigation
- ☐ If you've deleted evidence, disclose to your attorney immediately
Illinois Law: Spoliation can result in sanctions under Illinois Supreme Court Rule 219. Courts may presume destroyed evidence was unfavorable. In severe cases, courts strike pleadings entirely.
Mistake #5: Missing Filing Deadlines and Procedural Requirements
What It Looks Like: A mother receives notice of her ex-husband's relocation petition. She's overwhelmed. She assumes she has "plenty of time." She misses the 30-day response deadline. The court enters a default order granting relocation.
Why People Make It: Family law deadlines feel arbitrary to non-lawyers. Parents dealing with emotional trauma struggle to focus. Some set papers aside "to deal with later." Later is often too late.
Real Consequence: In In re Marriage of Tedrick (2015 IL App (4th) 140773), procedural failures required a complete remand. The Fourth District reversed because the trial court skipped specific findings. A procedural shortcut that multiplied everyone's costs.
The Cost:
- Litigation costs: exceeded $85,000 through trial and appeal
- Remand added: estimated $30,000 in additional fees
- Total procedural failure cost: over $115,000
- Plus 18+ months of additional uncertainty
Your Checklist:
- References
- Illinois General Assembly. (2023). Illinois Marriage and Dissolution of Marriage Act. Retrieved from https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072500050K609.2
- Illinois Courts. (2023). Illinois Supreme Court Rules. Retrieved from https://www.illinoiscourts.gov/supreme-court-rules
- American Bar Association. (2022). Cybersecurity Tips for Lawyers. Retrieved from https://www.americanbar.org/groups/departments_offices/legal_technology_resources/resources/cybersecurity/
Full Opinion (PDF): Download the full opinion
For more insights, read our Divorce Decoded blog.