Mueller v. Weis

Mr. PRESIDING JUSTICE JONES

delivered the opinion of the court:

This is a case of first impression in Illinois in which a single issue is presented on appeal. An order had been entered allowing removal of minor children to a foreign jurisdiction by the parent with custody. The order also granted modification of the other parent’s visitation rights. The issue is whether that order constitutes a “custody judgment” under section 610(a) of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1977, ch. 40, par. 610(a)) (hereinafter the Act). We hold that it does not.

Section 610(a),…