Page 45 - Sharp-Hundley 2012

Family Law Roundup

Sharp Thinking

No. 78 Perspectives on Developments in the Law from The Sharp Law Firm, P.C. December 2012

Assembly Increases Sanctions for Visitation Violations

The General Assembly has increased the sanctions for custodial parents who violate visitation orders.

Effective August 21, 2012, the legislature added to 625 ILCS 5/7-701 (a statute previously reserved
for parents who failed to pay child support) language making the violation of a visitation order grounds for
driver’s license suspension. In P.A. 97-1047, it also toughened other enforcement mechanisms for
visitation abuse as set forth in 750 ILCS 5/607.1.

Under the prior version of § 7-701, a parent who was 90 days or more delinquent in child support
payments could have his or her driver’s license suspended. The new act adds visitation abuse as a
violation that may result in license suspension. Driving privileges can be suspended until a court
determines that the non-compliant parent has attained “sufficient compliance” to warrant a reinstatement
of driving privileges.

Previous sanctions for violating a visitation order included: modification of custody; counseling; make
up time; supervised visits or “other appropriate relief deemed equitable.” While the last provision, “other
appropriate relief” gave judges the liberty to impose serious sanctions, the new act clearly enumerates
additional sanctions that the legislature has deemed appropriate. In addition to driver’s license
suspension, the newly enumerated sanctions include placing the non-compliant parent on probation;
imprisoning him or her for up to 6 months, and fining him or her up to $500. 750 ILCS 5/607.1(5)(c-1).

Guardian May Seek to Dissolve Ward’s Marriage

A guardian has the authority to seek permission to file a dissolution of marriage petition on behalf of
her ward, the Illinois Supreme Court recently held.

Ruling in Karbin v. Karbin, 2012 IL 112815, the court said, “we believe a guardian has the authority to
seek permission from the court to file a dissolution petition on behalf of the ward if such petition is found to
be in the ward’s best interest.” In determining what is in the ward’s best interest the court held that such a
petitioner must satisfy a clear and convincing burden of proof. The heightened burden was set because
dissolution cases present issues involving personal interests more complex and important than those
typically present in civil law suits, the court said.

In Karbin, the guardian, who also was the daughter of the ward, filed a response to a dissolution
petition filed by the husband, her adoptive father. Thereafter, the husband withdrew his petition. As a
result, the ward was treated as the petitioner for divorce purposes. The husband in turn sought to have
the guardian’s petition dismissed based on lack of standing. The circuit and appellate courts held that the
guardian did not have standing and dismissed the action. The Supreme Court reversed and remanded.

Its decision overturned the previous Supreme Court decision of In re Marriage of Drews, 115 Ill.2d
201 (1986), which held that a guardian could not file for dissolution on behalf of a ward. In Drews the
court interpreted §§ 11a-17 and 11a-18 of Probate Act (755 ILCS 5/11a-17, 11a-18) narrowly, concluding
a guardian has only the powers explicitly set forth in the act. Section 11a-17 states that a guardian’s

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Sharp Thinking is an occasional newsletter of The Sharp Law Firm, P.C. addressing developments in the law which may be of interest. Nothing contained in Sharp
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