In re Marriage of Kreps
Court: Illinois Appellate Court | Published: 6/25/2025
Marriage
Quick Summary:
<h3>Case Summary: In re Marriage of Kreps</h3>
<strong>Court:</strong> Appellate Court of Illinois, Fifth District
<strong>Case Number:</strong> 2025 IL App (5th) 250053-U
<strong>Appeal From:</s...
Full Case Summary
Case Summary: In re Marriage of Kreps
Court: Appellate Court of Illinois, Fifth District Case Number: 2025 IL App (5th) 250053-U Appeal From: Circuit Court of White County Judgment Date: June 25, 2025Background
Petitioner Brian A. Kreps and Respondent Ashley B. Kreps (now Ashley B. Birdwell) were previously married on January 26, 2012, and have one child, Owen Kristopher Kreps, born August 10, 2016. Their marriage was dissolved with a judgment on August 10, 2021, which included a shared parenting plan that designated Ashley as the primary residential parent, with significant responsibilities allocated to both parents.Pleading and Disputes
Ashley filed a petition to relocate to Evansville, Indiana, which Brian opposed. He subsequently filed a petition to modify the parenting responsibilities because he alleged Ashley was withholding parenting time and raised concerns regarding Owen’s welfare under Ashley’s care. The parents engaged in multiple legal proceedings addressing their disputes regarding parenting time, allegations of parental misconduct, and Ashley's relocation request.Trial Court Decision
A two-day bench trial concluded with the trial court denying Ashley's petition to relocate and granting Brian's petition to modify parenting responsibilities. However, it failed to provide adequate factual findings to support its rulings.Appellate Court Findings
The Appellate Court found that the trial court did not make sufficient factual findings to justify its decisions, leading it to reverse the lower court's orders and remand the case for further proceedings. The appellate court emphasized the necessity for clear factual support when making determinations regarding child custody and parental relocation under Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act.Legal Standards Considered
In deciding the relocation petition, the court examined various factors, including the child's wishes, parental relationships, educational opportunities, and the potential impact on the child. Prior case law established that courts must defer to the original fact finder’s conclusions unless clear justification for reversal exists.Notice and Compliance
The appellate court noted that non-compliance with notice requirements under Section 609.2(d) may affect perceptions of good faith in relocation requests, and findings must meet the manifest weight standard to be upheld.Outcome
The appellate court's ruling reversed the trial court decisions due to the lack of empirical support for its findings, highlighting the importance of maintaining a substantive basis for custody and relocation decisions. The case was remanded for re-evaluation with proper factual findings to guide future determinations.Ask AI About This Case
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