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10/06/88 In Re Marriage of Nadine Rodriguez

October 6, 1988

IN RE MARRIAGE OF NADINE RODRIGUEZ, N/K/A NADINE WALTER,


APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

Petitioner-Appellee, and ROLANDO RODRIGUEZ,

Respondent (Petra Rodriguez,

Respondent-Appellant)

529 N.E.2d 819, 175 Ill. App. 3d 241, 124 Ill. Dec. 838 1988.IL.1510

Appeal from the Circuit Court of Kane County; the Hon. Melvin E. Dunn, Judge, presiding.

APPELLATE Judges:

JUSTICE UNVERZAGT delivered the opinion of the court. LINDBERG, P.J., and INGLIS, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE UNVERZAGT

This case revolves around a child custody dispute in the circuit court of Kane County, between petitioner, Nadine Rodriguez (now Nadine G. Walter), and respondent, Rolando Rodriguez. As a result of bitter and continuing conflict between the parties concerning their minor child, Zachary, born April 26, 1985, the trial court eventually placed restrictions on the father's visitation rights. In order to secure his visitation rights, the father agreed to post a bond in the penal sum of $10,000. The bond named the "People of the State of Illinois" as obligee. The father executed the bond as principal, and the grandmother, Petra Rodriguez, executed the bond as surety, creating a $10,000 lien on her real estate in Elgin, Illinois. On October 15, 1985, a circuit Judge accepted the bond as a condition of the child visitation rights accorded to the father.

This is an appeal from an order entered October 30, 1987, by another circuit Judge, allowing the forfeiture of the bond and permitting the mother to execute on the real estate provided as collateral by the surety. The central issue before this court is whether the trial court erred in ordering forfeiture of the bond and execution on the property provided as collateral therein. We reverse.

On May 6, 1985, on the same date that the mother filed her petition for dissolution of marriage, the trial court entered an ex parte domestic violence order of protection granting temporary custody of the minor child to the mother and requiring the father to surrender the minor to the mother. On May 13, 1985, the father appeared in court, at which time a preliminary injunction ordered the parties to refrain from harassing each other, enjoined both parties from removing the child from this State, ordered their strict compliance with the order granting temporary custody of the child to the mother, and provided temporary visitation rights to the father.

On June 27, 1985, the court entered a rule to show cause finding the father in contempt of court for failing to comply with a custody order dated June 25, 1985. The order provided that the father could purge himself of contempt by returning the minor child.

On June 28, 1985, the father appeared in court, purged himself of the civil contempt, and moved to quash the mittimus directed to him. The court stayed the mittimus and entered a second domestic violence order of protection. This order awarded temporary custody of the minor child to the mother and provided that the father was to have absolutely no contact and no visitation with the minor child.

On September 13, 1985, the court entered an order providing for restricted visitation of the minor child by the father upon certain terms ...


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