In re Marriage of Neal, 2025 IL App (3d) 250101-U
Illinois courts can order Rule 215 mental health examinations when a parent's mental condition is in controversy and suspend parenting time for conduct seriously endangering children. The preponderance standard applies. Courts have broad discretion to protect children through supervised visitation pending evaluation completion.
Facts
Thomas Neal sought emergency restriction of Mario Neal's parenting time and a court-ordered psychological evaluation. Mario Neal engaged in threatening behavior, sent escalating accusatory emails to school personnel, published allegations online, distributed a child's photograph, and refused to cooperate with court-appointed evaluators.
Issue
Whether the trial court properly ordered a Rule 215 mental health examination and suspended parenting time due to conduct allegedly seriously endangering the children.
Holding
The appellate court affirmed both the psychological examination order and parenting time restrictions. The court found the respondent's mental state was in controversy based on his documented threatening behavior and refusal to cooperate with evaluators.
Key Reasoning
- Rule 215 examinations are proper when mental condition is 'in controversy' and would materially assist in resolving parenting issues
- Documented escalating threats, online allegations, and distribution of child photographs supported finding of serious endangerment
- Emergency parenting time relief under 603.10 applies preponderance standard for substantial risk to children's welfare
- Trial court findings reviewed for manifest weight of evidence; parenting time modifications reviewed for abuse of discretion
Practical Impact
For Petitioners
Document all threatening communications, school complaints, and evaluator concerns to support emergency parenting time restrictions and Rule 215 examinations
For Respondents
Comply fully with court-ordered evaluations and avoid all threatening communications to prevent parenting time suspension
When This Applies
Applies when documented pattern of threatening behavior affects children's welfare, not isolated incidents or disagreements
Statutes Cited
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