Legal Memorandum: Determining parental responsibilities

Issue: What are the factors considered by a court when awarding child custody in (the state of) Colorado?

Illinois Section 2–1203 provides the procedure for filing a motion for post-trial relief in non-jury cases. The Rule states:

(a)        In all cases tried without a jury, any party may, within 30 days after the entry of the judgment or within any further time the court may allow within the 30 days or any extensions thereof, file a motion for a rehearing, or a retrial, or modification of the judgment or to vacate the judgment or for other relief.

(b)        A motion filed in apt time stays enforcement of the judgment.

735 Ill. Comp. Stat. 5/2-1203 (West 2006).

In Berg v. Allied Security Inc., the appellate court correctly rejected the defendants’ jurisdictional challenge and addressed the plaintiff’s appeal on the merits.  The post-judgment motion in this case included an explicit request that the judgment be reconsidered and reversed, it met the requirements of section 2-1203.  The court explained

[b]ecause the post-judgment motion in this case was clearly identifiable as such, was directed at the circuit court’s judgment, and included an explicit request that the judgment be reconsidered and reversed, it met the requirements of section 2-1203 and operated to toll the period for filing a notice of appeal under our Rule 303(a). The appellate court was therefore correct in rejecting defendants’ challenge to its jurisdiction.

Berg v. Allied Security Inc., No. 85967, 1999.IL.42466  ¶ 27 (Ill. Jul. 1, 1999) (VersusLaw).

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