In re The Marriage of Jarecki

2022 IL App (1st) 220243-U SIXTH DIVISION August 26, 2022 NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ In re THE MARRIAGE OF ) ) Appeal from the TOMASZ JARECKI, ) Circuit Court of ) Cook County. Petitioner-Appellant, ) ) No. 18 D 9835 v. ) ) Honorable KATARZYNA GNACY-JARECKI, ) Daniel A. Trevino, ) Judge Presiding. Respondent-Appellee. ) JUSTICE MIKVA delivered the judgment of the court. Justices Oden Johnson and Mitchell concurred in the judgment. ORDER ¶1 Held: The judgment of the trial court granting mother’s petition to permanently relocate with the parties’ minor child to New York City is affirmed. The trial court did not ignore relevant evidence and its finding that relocation is in the minor’s best interests was not against the manifest weight of the evidence. ¶2 Following its consideration of extensive witness testimony, documentary evidence, and the recommendations of the guardian ad litem (GAL), the trial court in this case issued a 26-page written decision finding that six of the ten specified statutory factors weighed in favor of granting a petition filed by Katarzyna Gnacy-Jarecki (Kasia), over the objections of her ex-husband Tomasz No. 1-22-0243 Jarecki (Tom), to permanently relocate with their son Casper to New York City. The court found the other four statutory factors were neutral. For the reasons that follow, we are not persuaded that the presumption in favor of the result reached by the trial court is overcome here. We conclude that the court’s findings as to each of the factors and its overall finding that relocation will be in Casper’s best interests are not against the manifest weight of the evidence. ¶3 I. BACKGROUND ¶4 Kasia and Tom met online in approximately 2014 and began dating in 2016. Tom was a long-distance truck driver living in the Chicago area; Kasia worked for a surveying company and lived in New York City. Both are originally from Poland. As their relationship progressed, Tom moved in with Kasia and the two lived together in New York City for about six months. They were married there on January 13, 2017, and Kasia soon learned that she was pregnant. Kasia and Tom then moved to Chicago, where their son Casper was born on October 10, 2017. Their relationship soon deteriorated, however, and on November 7, 2018, Tom filed for divorce. The parties entered into an agreed judgment for allocation of parental responsibilities and parenting time on August 28, 2019 (agreed judgment), and their divorce became final on December 26, 2019. ¶5 A. Tom and Kasia’s Agreement Regarding the Allocation of Parenting Time ¶6 The parties both waived spousal support and Tom agreed to pay $660 per month in child support. They share joint custody of Casper, with Kasia primarily responsible for medical and educational decision-making. Responsibilities for extracurricular activities, childcare, and uncovered medical expenses are shared. Tom was allocated parenting …

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