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09/27/89 In Re Marriage of Nadine Rodriguez

September 27, 1989

IN RE MARRIAGE OF NADINE RODRIGUEZ, APPELLANT, AND ROLANDO


SUPREME COURT OF ILLINOIS

RODRIGUEZ (Petra Rodriguez, Appellee)

545 N.E.2d 731, 131 Ill. 2d 273, 137 Ill. Dec. 78 1989.IL.1506

Appeal from the Appellate Court for the Second District; heard in that court on appeal from the Circuit Court of Kane County, the Hon. Melvin E. Dunn, Judge, presiding.

APPELLATE Judges:

JUSTICE RYAN delivered the opinion of the court.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE RYAN

This appeal stems from a bitter child custody dispute between Rolando Rodriguez (father) and Nadine Rodriguez, now Nadine Walter (mother). The primary question it presents is whether the mother has standing to execute on a penal bond that the father posted to secure his visitation rights. The parties to the bond are the father as principal, Petra Rodriguez, the father's mother (grandmother) as surety, and "The People of the State of Illinois" as obligee. The trial court entered an order permitting the mother to execute on the bond. The appellate court reversed this order. (175 Ill. App. 3d 241.) We granted the mother's petition for leave to appeal under our Rule 315 (107 Ill. 2d R. 315). We reverse the appellate court, finding that the trial court's order was not erroneous.

The complex factual and procedural background of this litigation may be summarized as follows: On May 6, 1985, the mother filed a petition for dissolution of marriage. At that time, the trial court entered an ex parte domestic violence order of protection granting her temporary custody of the couple's minor child. This order also directed the father to surrender the child to the mother.

On June 27, 1985, the trial court found the father in contempt for failing to return the child to the mother. The next day, the father appeared in court and purged himself of the contempt. On that date, the trial court entered a second domestic violence order of protection, which provided that the father have no visitation and no contact whatsoever with the child.

On September 13, 1985, the trial court entered an order allowing the father limited visitation of the child, if the father would post a $10,000 penal bond. Shortly thereafter, the father presented a bond that listed him as principal, the grandmother as surety, and "The People of the State of Illinois" as obligee. The grandmother pledged certain real estate as security for the bond. The bond was to guarantee the father's compliance with six conditions placed on his visitation rights. The bond stated:

"1. That said Defendant [the husband] shall appear in the Circuit Court of the 16th Judicial Circuit, kane [ sic ] County, Illinois, Family Court Division, Courtroom 213, on the 23rd day of October, 1985 at 9:00 a.m., and appear thereafter as ordered by said Court until discharged or until final Judgment for Dissolution of Marriage is entered by the Court;

2. That said Defendant shall submit himself to any and all said Orders and process of said Court;

3. That said Defendant shall not depart the area of the law offices of McNAMEE & MAHONEY, LTD. [counsel for the husband], at 519 North Route 31, Dundee, Illinois, ...


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