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In re Marriage of Ludwinski

May 17, 2002

IN RE: THE MARRIAGE OF DAVID V. LUDWINSKI, PETITIONER-APPELLANT, AND P. GRETCHEN LUDWINSKI, RESPONDENT-APPELLEE.


Appeal from Circuit Court of Champaign County- No. 91C724 Honorable Ann A. Einhorn, Judge Presiding.

The opinion of the court was delivered by: Justice Myerscough

Released for publication.

Petitioner, David V. Ludwinski, appeals the trial court's amended order concerning permanent visitation. On appeal, petitioner argues that the trial court's amended permanent visitation order is an abuse of discretion, violates the Uniform Child Custody Jurisdiction Act (Custody Jurisdiction Act) (750 ILCS 35/1 though 26 (West 2000)), and exceeds the appellate court's mandate. We affirm.

I. BACKGROUND

Because the parties and this court are familiar with the facts in the present case, we will discuss only those facts necessary to understand this court's disposition. Petitioner and respondent, P. Gretchen Ludwinski, were married in 1986. In 1991, the trial court granted the parties a dissolution of marriage and entered judgment as to grounds. In July 1993, the court awarded custody of the children to petitioner. In July 1998, petitioner sought permission to remove the parties' two children from Illinois to Utah. The trial court denied petitioner's request. Petitioner appealed, and in March 2000, this court reversed the trial court's order and remanded the matter to the trial court for the purpose of setting a visitation schedule in light of our ruling granting petitioner permission to remove the children to Utah. In re Marriage of Ludwinski, 312 Ill. App. 3d 495, 727 N.E.2d 419 (2000).

In May 2000, respondent filed a motion to modify custody. In October 2000, respondent filed an amended motion to modify custody, which the court dismissed. In November 2000, after several hearings, the trial court entered a temporary visitation order. After hearing argument concerning visitation, the court entered a permanent visitation order in May 2001. Both parties filed motions to reconsider. In August 2001, the court entered an amended permanent visitation order and granted respondent leave to amend her motion to modify custody. The amended permanent visitation order provides, in relevant part:

"10. That the children shall be provided with phone cards and shall be permitted to make calls to [respondent] at reasonable times. Petitioner shall encourage the children to call respondent at least once per week. When the children are on visitation with [respondent], she shall encourage them to call [petitioner].

11. That [p]petitioner shall encourage the children to correspond with [r]espondent at least three times per month. An envelope shall be maintained for the children to place school work, drawings, etc. for [respondent]. [Respondent] shall provide the children with self-addressed, stamped envelopes for their letters to her[,] and the children shall be permitted to write to her without interference. The children shall be permitted to open letters from [respondent] themselves[,] and [petitioner] shall be permitted to review the contents.

12. That [the] children shall be provided with access to a tape recorder. They shall be permitted time to record or play audio messages to or from [r]espondent. Petitioner shall be permitted to review, but not to censor, any audio[]tapes. They shall be permitted time to view any videos created by [respondent] or her extended family, if a video player is available.

13. If e-mail is available to the children, [petitioner] shall provide [respondent] with an e-mail address where she can communicate with the children on a reasonable basis. The children shall also be permitted access to e-mail to communicate with [respondent] if and when she has an e-mail address available.

14. That [petitioner] shall provide [respondent] with a school calendar and any sports schedules and photo programs for the school or for the children'[s] non-school sports. Once a month, [p]petitioner will forward to [r]espondent a packet including pertinent information as to the children'[s] activity and school schedules.

18. That each party shall keep the other informed as to current employment, the current home address, the name and general background of those who reside with them and the telephone numbers of their residence and their place of employment. If either parent travels out of town without the children for any period of more than three days, he or she shall provide the other parent with a contact number in the event of an emergency. If either parent travels out of town with a child for any period of more than three days, the other parent shall be notified of their itinerary and, when possible, a contact telephone number where they can be reached.

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20. That the custodial parent shall provide the non-custodial parent with an adequate supply of clothing at the beginning of each visit. Said clothing shall be returned at the end of each visit. During extended visits, the ...


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