In re The Parentage of Z.T., 2022 IL App (1st) 211042-U

- Case citation and parties
In re the Parentage of Z.T., No. 1-21-1042, 2022 IL App (1st) 211042‑U (Ill. App. Ct. Mar. 7, 2022; Rule 23 order). Petitioner‑Appellee: Kenneth Thomas. Respondent‑Appellant: Jasmine Escobedo (mother).

- Key legal issues
1. Whether the trial court’s order directing enrollment of the child in the University of Chicago Laboratory School constituted a ruling on Escobedo’s request to temporarily/permanently relocate the child to Texas.
2. Whether the trial court applied the IMDMA relocation factors (750 ILCS 5/609.2) when resolving the dispute.
3. Whether the appeal was properly preserved and whether the appellate court had jurisdiction to address relocation.

- Holding / outcome
Appeal dismissed. The appellate court concluded the sole issue decided by the trial court was school enrollment for Fall 2021; the court did not rule on temporary or permanent relocation and therefore the appellate court lacked jurisdiction to decide the relocation issues raised on appeal. Escobedo also forfeited any challenge to the enrollment order by failing to argue its merits under Rule 341(h)(7).

- Significant legal reasoning
- Jurisdictional limitation: A Rule 306 interlocutory appeal permits review only of matters actually decided by the trial court. Here the court’s hearing and order addressed school placement; it expressly declined to treat the Lab School as the “status quo” for permanent relocation and noted the enrollment order was “without prejudice” to future relocation adjudication. Because the trial court never adjudicated relocation or applied §609.2, the appellate court lacked authority to rule on that subject.
- Forfeiture: Escobedo did not argue on appeal that the trial court erred in ordering enrollment at the Lab School; under Supreme Court Rule 341(h)(7) that issue was forfeited.
- Procedural posture: The emergency temporary relocation motion was denied below; later school‑enrollment hearing did not convert into an adjudication on relocation.

- Practice implications (concise)
- Preserve issues: If seeking interlocutory review of relocation, ensure the trial court expressly rules on relocation and applies §609.2 factors on the record. If you want appellate review, obtain written findings and a transcript showing the court decided that specific issue.
- Plead and argue alternative relief separately: Distinguish school‑placement hearings from relocation adjudications—seek explicit relief and findings if relief on relocation is requested.
- Appellate briefing: Challenge the actual trial court ruling; failure to brief the merits of the order appealed leads to forfeiture.
- Draft orders carefully: If a temporary school placement is ordered “without prejudice,” consider whether you need immediate interlocutory review or a preservation strategy for the underlying relocation claim.