Johnson v. Duncan

At issue in this case is whether Wickham v. Byrne, 199 Ill. 2d 309 (2002), which declared Illinois’ grandparent visitation statute to be unconstitutional, invalidated a preexisting agreement approved by the circuit court of Peoria County granting visitation rights to a child’s grandparents. The circuit court held that it did not. On a permissive interlocutory appeal brought under Supreme Court Rule 308 (155 Ill. 2d R. 308), the appellate court reached the same conclusion and affirmed. 344 Ill. App. 3d 345. One justice dissented. We granted leave to appeal from the appellate court’s judgment.…