Visitation Case

June 21, 2006
In Re Marriage of Colleen P. Seffren, n/k/a Colleen P. Foley
Appeal from the Circuit Court of Cook County
96D 18482, Barbara A. Riley, Judge Presiding

Former husband filed a motion to suspend former wife’s visitation, add former wife’s cohabitant as a third-party respondent and permanently enjoin cohabitant from having contact with the parties’ children or from residing in the former wife’s home.

The Appellate Court, Erickson, J., held that:

The circuit court had subject matter jurisdiction;
The circuit court acted within its discretion in adding cohabitant as a third-party respondent;
The circuit court had personal jurisdiction over the former wife’s cohabitant;
That venue was proper in the county in which the dissolution action was granted;
That any impropriety in venue was not a basis for a dismissal of the action; and
The cohabitant was entitled to an evidentiary hearing prior to the issuance of a permanent injunction.

The circuit court entered a permanent injunction prohibiting the cohabitant from having “any contact whatsoever” with the parties’ children or the former wife’s home and ordering him to remain at least 100 yards away from the children at all times. 
The Appellate Court stated that the circuit court erred in issuing a permanent injunction without holding an evidentiary hearing.  The court found that a permanent injunction may not be entered without providing the respondent an opportunity to appear in court, to present evidence and to cross-examine witnesses.

See Also:

Best Interests of the Child in Visitation Cases

The Law

Visitation Schedules

The Standard Visitation  Schedule

Visitation Decisions Properly Allowed & Properly Denied

Assorted Visitation Topics