In re Marriage of Reep, 2019 IL App (4th) 180625-U

1) Case citation and parties
- In re Marriage of Reep, No. 4‑18‑0625, 2019 IL App (4th) 180625‑U (Ill. App. Ct. Feb. 8, 2019) (Rule 23 order; not precedential except as allowed).
- Petitioner‑Appellee: Gregory C. Reep. Respondent‑Appellant: Leigh A. Reep.

2) Key legal issues
- Whether the trial court’s allocation of the majority of parenting time to the father was against the manifest weight of the evidence.
- How alleged domestic incidents, a denied ex parte emergency order of protection, and competing witness testimony inform the best‑interest analysis/factual findings.

3) Holding/outcome
- The Fourth District affirmed. The trial court’s parenting‑time allocation (majority to Gregory, subject to Leigh’s parenting time) was not against the manifest weight of the evidence.

4) Significant legal reasoning
- Deference to trial court: the appellate court applied the manifest‑weight/credibility deference standard for bench‑trial factual findings, noting appellate courts will not substitute their judgment for credibility determinations.
- Evidence overview: the record included (a) the prior emergency order of protection that was vacated after an evidentiary hearing (trial court found allegations uncorroborated and not supported by credible evidence), (b) testimony and exhibits about past physical incidents and photographs of bruising, (c) testimony about parental stability, work schedules, and caregiving arrangements, and (d) testimony that the children preferred living with their father.
- The trial court relied on the parties’ prior parenting‑time status quo (reinstated after the OOP denial), witness credibility, and considerations of the children’s accustomed schedule and stability. The appellate court concluded those factual findings were rational and supported by the record, and thus not reversible as against the manifest weight.

5) Practice implications (for family law practitioners)
- Credibility is critical in contested parenting disputes; appellate reversal is unlikely where the trial court makes explicit credibility‑based findings.
- Present corroborating evidence for abuse allegations (medical records, contemporaneous photos with dates, third‑party witnesses) because a denied OOP and findings that allegations were uncorroborated can strongly influence parenting allocations.
- Establish and document the “status quo” parenting arrangement, caregivers and daily routine; courts give weight to established, stable schedules and the children’s accustomed living arrangements.
- Prepare to address and rebut testimony about parental fitness, suicide/mental‑health incidents, and contested physical‑contact allegations with admissible evidence and witnesses.