In re Marriage of Gualandi

1. Case citation and parties
- In re Marriage of Gualandi, 2024 IL App (5th) 240238 (Ill. App. Ct. 5th Dist. June 28, 2024).
- Petitioner-Appellant: Nicholas Gualandi (Father). Respondent-Appellee: Nikki Mau‑Gualandi (Mother).

2. Key legal issues
- Whether the trial court erred in modifying parenting time and responsibilities over Father’s challenge (including framing that the change was “in the best interest of the minor children”).
- Whether the trial court abused its discretion by denying Father’s motion for reconsideration.
- Evidentiary sufficiency and procedural fairness underlying the modification (including reliance on a guardian ad litem (GAL) report and the parties’ participation/notice history).

3. Holding / outcome
- The appellate court vacated the circuit court’s “Agreed Parenting Plan and Judgment” and remanded the matter for further proceedings with directions.

4. Significant legal reasoning (summary)
- The opinion reviews a lengthy factual record concerning the children’s hygiene and home conditions, competing allegations of neglect and instability, the GAL’s in‑person inspection and interviews, and testimony from both parties. The GAL reported concerns about the cleanliness of Father’s modular home and mixed evidence about Mother’s stability and parenting.
- Father had previously sought modification, there were service efforts (including service by publication after difficulty locating Mother), and both parents later participated; the GAL recommended adoption of Father’s proposed plan but also noted concerns about parental care.
- The appellate court concluded that the circuit court’s disposition could not stand as entered and therefore vacated and remanded. Although the published excerpt does not contain the court’s full, detailed legal rationale, the decision indicates reversible error in the trial court’s handling of the modification/reconsideration issues sufficient to require further proceedings.

5. Practice implications (for family-law practitioners)
- Preserve the record: when litigating parenting‑time modifications, develop a complete evidentiary record tied to statutory best‑interest factors (750 ILCS 5/602.7), especially when the GAL’s observations are pivotal.
- Service/notice: ensure compliance with service rules and document diligent attempts to locate opposing parties; service‑by‑publication can raise later procedural challenges.
- Use and challenge GAL reports: rigorously cross‑examine the GAL and supplement the record with independent evidence (photographs, medical/school records, witness testimony) to counter or support GAL findings.
- Motions to reconsider: articulate clear legal and factual bases and preserve issues for appeal.
- When hygiene/home‑condition evidence is relied upon for modification, corroborate with contemporaneous objective proof (medical/school notes, CPS contacts, photographs) to withstand appellate scrutiny.