In Re Custody of Mayes

The origins of this appeal can be traced to a petition for dissolution of marriage filed in the circuit court of Will County. The issue raised involves certain actions taken by the circuit court on its own motion when an order regarding child custody was vacated under the provisions of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 72).

David Mayes, Jr., the petitioner, was granted a dissolution of his marriage to Leslie Mayes, respondent, on March 16, 1978. Pursuant to a settlement agreement reached by the parties at the time, custody of the two minor children of the marriage,…