In re Marriage of McDonald, 2019 IL App (4th) 190101-U

1. Case citation and parties
- In re Marriage of McDonald, No. 4-19-0101, 2019 IL App (4th) 190101-U (Ill. App. Ct. July 16, 2019) (Rule 23 order; nonprecedential).
- Petitioner-Appellant: Jill E. McDonald. Respondent-Appellee: Joel C. McDonald.

2. Key legal issues
- Whether the trial court abused its discretion by refusing to suspend respondent’s overnight parenting time after finding respondent’s conduct “seriously endanger[ed]” the children’s mental and physical health under 750 ILCS 5/603.10 (West 2018).
- Appropriate remedial measures following a finding of serious endangerment.

3. Holding/outcome
- Affirmed. The appellate court held the trial court did not abuse its discretion in declining to suspend overnight parenting time while imposing corrective measures.

4. Significant legal reasoning
- Standard of review: parenting-time determinations are reviewed for abuse of discretion; reversal requires a showing the trial court acted arbitrarily or clearly against logic.
- Trial court had found, based on testimony (including a psychologist), that respondent’s alcohol-related verbal abusiveness had seriously endangered the children — a finding respondent did not appeal. Nevertheless, the court tailored relief rather than eliminating overnights: it ordered respondent to abstain from alcohol/drugs within 24 hours of and during parenting time, comply with prescriptions, complete parenting education, undergo counseling (with coordination with the court-appointed psychologist), and use TalkingParents for communications.
- The appellate court emphasized the record did not show significant nocturnal misconduct: the cited nighttime acts were limited (occasionally waking children at night to prevent bedwetting; one accidental tea spill; mixed evidence about morning lethargy). The court reasonably concluded these did not justify suspending overnight visits and that remediation was appropriate.

5. Practice implications (concise)
- After a finding of serious endangerment, courts may prefer tailored remedial orders (treatment, abstinence, education, monitoring) over an outright suspension of overnight time unless record shows specific, ongoing nocturnal risk.
- To obtain suspension of overnight visits, counsel must develop a focused record showing dangerous or harmful conduct occurring at night or during overnights (not merely daytime misconduct or generalized concerns).
- Propose and seek monitoring/enforceable conditions (e.g., mandatory counseling with reporting, drug/alcohol restrictions tied to timing, supervised visits if warranted, use of communication platforms, proof-of-completion deadlines) as realistic alternatives or interim relief.
- Reminder: this is a Rule 23 decision and is nonprecedential; however, the decision reflects practical appellate deference to trial courts on parenting-time remedies.