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In Re Marriage of Solomon

OPINION FILED MAY 27, 1980.

IN RE MARRIAGE OF NANCY SOLOMON, PETITIONER AND COUNTERRESPONDENT-APPELLEE, AND MARVIN SOLOMON, RESPONDENT AND COUNTERPETITIONER-APPELLANT.


APPEAL from the Circuit Court of Cook County; the Hon. RENE GOIER, Judge, presiding.

MR. JUSTICE STAMOS DELIVERED THE OPINION OF THE COURT:

Sixteen months after the entry of a judgment of divorce, Nancy Solomon, petitioner, brought this action to modify the terms of the agreed visitation. Marvin Solomon, respondent, counterpetitioned for a modification of custody and for court-ordered psychiatric treatments for their daughter. Following the trial court's action denying respondent's petition and granting petitioner's request for a reduction in respondent's

visitation privileges, Marvin Solomon took this appeal. He contends the trial court erred in refusing to order psychiatric counseling for the child and in substantially reducing respondent's visitation privileges.

As a part of the divorce judgment, petitioner and respondent entered into an agreement covering not only property distribution and monetary settlement but also each aspect of child visitation privileges accruing to respondent. The agreement specifically detailed each possible situation from which a right to visitation might arise and set out, as its first provision, that respondent should be entitled to maximum visitation with the child outside the home. Other sections delineating the scope and nature of the visitation provided for:

(1) Vacation periods, not to exceed 14 days;

(2) One phone call a day;

(3) Consultation with respondent about the child's school activities and reports on non-school activities;

(4) Respondent's participation in school conferences;

(5) Notification of medical emergencies and respondent's participation in decisions concerning child's needs;

(6) Respondent's obligation to pay college costs and right to participate in school selection;

(7) Visitation on:

Wednesday evenings; alternate Saturdays and Sundays of each week; one weekend each month from 6 p.m. Friday to 9 p.m. Sunday; Respondent's birthday and Father's Day; in alternating years, the child's birthday; in alternating years, the following holidays;

New Year's eve and day Labor day and eve Easter eve and day Halloween eve and day Memorial eve and day Thanksgiving eve and day Good Friday Christmas eve and day Independence eve and day

Jewish Holidays:

Passover (first sedar on one year, second sedar the next);

Rosh Hashana (first evening and day one year, second ...


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