In re Marriage of Soman, 2023 IL App (1st) 220548-U

1. Case citation and parties
- In re Marriage of Soman, No. 1-22-0548, 2023 IL App (1st) 220548-U (1st Dist. Sept. 27, 2023) (Rule 23 order; non‑precedential).
- Petitioner-Appellee: Pamela Soman. Respondent-Appellant: Andrew Cwik.

2. Key legal issues
- Whether the Cook County circuit court abused its discretion in denying respondent’s motion for leave to file a fifth petition to enroll an Ohio divorce decree and modify parenting/child‑support matters.
- Whether the circuit court properly awarded attorney fees to petitioner as a sanction for respondent’s filings.
- Whether the court’s finding of indirect civil contempt against respondent was against the manifest weight of the evidence.
- Underlying jurisdictional issue: application of the Uniform Child‑Custody Jurisdiction and Enforcement Act (UCCJEA) and the Illinois Marriage and Dissolution of Marriage Act provisions governing enrollment of foreign judgments.

3. Holding / outcome
- Affirmed in all respects. The Appellate Court held: (1) denial of leave to file the fifth petition was not an abuse of discretion; (2) fee award to petitioner as sanction was proper; and (3) the contempt finding was not against the manifest weight of the evidence.

4. Significant legal reasoning
- The court relied on the long procedural history: multiple prior petitions (and rulings), earlier appeals (this family litigation already reached this Court in 2013 and 2021), and prior Illinois orders finding respondent’s filings not in good faith. Repeated filings were essentially identical and aimed at forum‑shopping.
- Jurisdictional posture: Ohio had previously determined it retained exclusive, continuing jurisdiction under the UCCJEA; respondent failed to present adequate contrary proof of residency or of a valid transfer of jurisdiction to Illinois. Prior Ohio orders and the record supported continuing Ohio jurisdiction, making the Illinois venue improper for re‑litigation.
- Sanctions: the circuit court reasonably found the recurrent, verbatim petitions and the litigation strategy constituted improper purpose/vexatious conduct warranting attorney fees.
- Contempt: evidence of respondent’s persistent noncompliance and repetitive filings supported the indirect civil contempt finding; the appellate court found no manifest‑weight error.

5. Practice implications (concise)
- Before attempting to enroll or modify an out‑of‑state custody/support decree, secure and document the foreign court’s relinquishment of jurisdiction or clear proof of changed residency—UCCJEA prerequisites are strictly enforced.
- Successive, duplicative enrollment petitions risk denial for abuse of process; seek leave and present new, material facts to avoid preclusion.
- Courts will impose sanctions (fees, vexatious‑litigant declarations) and may hold repeat filers in contempt; counsel should advise clients (pro se or represented) about the risks of repeated, verbatim filings.
- When defending against repeat petitions, move promptly for dismissal, fees, and to have the filer declared vexatious to deter further abusive litigation.