In re Marriage of Anderson, 2019 IL App (5th) 180504-U

- Case citation and parties
In re Marriage of Anderson, 2019 IL App (5th) 180504‑U (Ill. App. Ct. 5th Dist. Apr. 12, 2019) (Rule 23 order). Petitioner‑Appellee: Mark S. Anderson. Respondent‑Appellant: Andrea Anderson.

- Key legal issues
1) Whether the trial court properly enjoined the mother to return children to Illinois based on the Illinois "relocation" provisions of the Marriage and Dissolution of Marriage Act (750 ILCS 5/600(g)(3), 609.2(c)) when the move occurred before a dissolution petition/allocation of parental responsibilities was filed.
2) Whether the trial court complied with the statutory requirements for injunctive relief under section 11‑101 of the Code of Civil Procedure (735 ILCS 5/11‑101).

- Holding/outcome
The appellate court reversed the trial court’s injunction ordering the children returned to Illinois. It concluded the petitioner invoked the wrong statutory framework and the injunction failed to comply with section 11‑101 requirements.

- Significant legal reasoning (concise)
The court emphasized that the MDA relocation provisions apply in the context of allocation/parenting plans (i.e., where a parent with a parenting allocation intends to change the child's primary residence outside Illinois by more than 25 miles). Because the respondent relocated before a dissolution petition/parenting allocation had been entered, the statutory notice/relocation scheme the petitioner relied upon was inapplicable. The trial court nonetheless applied the relocation standard and denied the respondent’s motion to strike; the appellate court found that approach legally incorrect. Separately, the appellate panel pointed to deficiencies in the trial court’s injunctive order under 735 ILCS 5/11‑101 (procedural and statutory prerequisites for issuing injunctions), undermining the order’s validity. For those reasons the injunction was reversed.

- Practice implications for family lawyers
- Plead the correct statutory basis for emergency custody/return relief. The MDA relocation/notice scheme is tied to allocation/parenting plans; it is not a catch‑all vehicle when a parent moves pre‑petition.
- When seeking emergency injunctive relief, strictly comply with 735 ILCS 5/11‑101 procedural requirements (appropriate pleadings, findings, bond/notice requirements where applicable, and proof supporting emergency injunctive standards).
- Move promptly: file a dissolution/temporary‑relief petition to invoke custodial injunctions available in divorce proceedings (and to obtain custody/residence orders) rather than relying on relocation statutes designed for post‑allocation changes.
- Consider jurisdictional remedies (UCCJEA/emergency jurisdiction) and develop record on irreparable harm, likelihood of success, and best interests when asking a court for immediate return of children.
- Note: this is a Rule 23 (non‑precedential) appellate order.