In re Marriage of Fatkin, 2019 IL 123602

- Case citation and parties
In re Marriage of Fatkin, 2019 IL 123602 (Ill. Jan. 25, 2019). Danielle Fatkin (appellee) v. Todd Fatkin (appellant).

- Key legal issues
1) Whether the trial court properly granted the noncustodial parent’s petition to relocate out of state with the parties’ minor children under 750 ILCS 5/609.2.
2) Whether the relocation order was immediately appealable under Illinois Supreme Court Rule 304(b)(6).

- Holding/outcome
The Illinois Supreme Court held the order was immediately appealable under Rule 304(b)(6) but affirmed the trial court’s grant of Todd’s petition to relocate (thereby reversing the Appellate Court’s contrary decision) and remanded for further proceedings consistent with the opinion.

- Significant legal reasoning (concise)
- Rule 304(b)(6): The Court agreed this is a proper interlocutory appeal because relocation orders alter custody rights and have the practical effect of terminating the nonmoving parent’s existing custodial relationship; thus the order is appealable immediately.
- Standard of review: The Court applied the manifest-weight-of-the-evidence standard and emphasized appellate deference to trial court credibility and factfinding in custody/relocation disputes. An appellate reversal requires that the opposite conclusion is clearly evident.
- Statutory framework: The trial court extensively analyzed and applied the 11 factors in 750 ILCS 5/609.2(g), making detailed factual findings (13‑page order) about each parent’s involvement, motives, children’s needs and preferences, educational and medical resources, grandparents’ availability, and proposed parenting/visitation arrangements.
- On the record, the trial court reasonably found relocation was in the children’s best interests: better educational/extracurricular opportunities, superior medical/VA access, stable housing with grandparents, minimal evidence of bad faith, and the son’s expressed preference. The Supreme Court concluded these findings were not against the manifest weight of the evidence.

- Practice implications
- Relocation orders that materially alter custody are immediately appealable under Rule 304(b)(6).
- Trial courts should produce detailed, factor-by-factor findings under 750 ILCS 5/609.2(g).
- Appellate courts will defer to trial court credibility determinations—build a full evidentiary record on motive, concrete job/housing plans, grandparents’ support, proposed visitation/transportation logistics, and the child’s statements.
- Nonmoving parents should attack specific factual findings and present contrary evidence on statutory factors; moving parents must document realistic employment, housing, caregiving and transition plans to withstand manifest‑weight review.