Andrew D v. Kayla M

── Andrew D v. Kayla M ── Court: Appellate Court of Illinois Date: April 17, 2026 Category: General NOTICE 2026 IL App (4th) 251295-U This Order was filed under FILED Supreme Court Rule 23 and is April 17, 2026 NO. 4-25-1295 not precedent except in the Carla Bender limited circumstances allowed 4th District Appellate under Rule 23(e)(1). IN THE APPELLATE COURT Court, IL OF ILLINOIS FOURTH DISTRICT ANDREW D., ) Appeal from the Petitioner and Counterrespondent-Appellant, ) Circuit Court of v. ) Adams County KAYLA M., ) No. 23FA49 Respondent and Counterpetitioner-Appellee. ) ) Honorable ) Christopher W. B. Pratt, ) Judge Presiding. JUSTICE KNECHT delivered the judgment of the court. Justices Doherty and Harris concurred in the judgment. ORDER ¶1 Held: The appellate court affirmed, concluding petitioner and counterrespondent had not established any error related to the trial court’s decision to restrict his parenting time. ¶2 Petitioner and counterrespondent, Andrew D., appeals the trial court’s judgment restricting his parenting time with his son, E.M. (born in December 2018). On appeal, Andrew argues the court erred when it allowed and relied upon hearsay in reaching its decision to restrict parenting time and, without said evidence, the court’s decision cannot stand. Andrew also argues the court was not impartial, improperly acted as an advocate for respondent and counterpetitioner, Kayla M., the minor’s mother, and improperly decided the matter prior to hearing all the evidence. For the reasons that follow, we affirm the court’s judgment. ¶3 I. BACKGROUND ¶4 Over a three-day hearing, the parties, each of whom were duly represented, presented evidence on various matters related to their son. The transcript from the hearing is more than 550 pages. A guardian ad litem (GAL) report, which was also presented at the hearing, is 26 pages. Despite raising issues on appeal which are heavily fact dependent, Andrew presents this court with an opening brief that contains a four-paragraph statement of facts, spanning less than a page. Kayla, after challenging the sufficiency of Andrew’s statement of facts in her appellee’s brief, provides a more thorough statement of facts. After reviewing the briefing and the record, we glean the following from the hearing as it relates to the issues presented in this appeal. ¶5 Between 2019 and 2023, the parties shared equal and unrestricted parenting time with the minor. Around the middle of 2023, Andrew began making reports of abuse and neglect of the minor by Kayla and her family. The reports were based upon statements made by the minor and marks seen on his body. The reports were investigated by the Illinois Department of Children and Family Services (DCFS), and the minor participated in interviews with the child advocacy center. Andrew acknowledged the reports were later returned as unfounded. The GAL testified Andrew provided her with multiple photographs of the marks seen on the minor’s body. The GAL