There is an Appellate Court Opinion entitled Knoll v. Coyne, 2016 IL App. (1st) 152494. It was decided September 30, 2016. The case involved the mother who did not permit the father to have visitation with the child. He filed a petition for rule to show cause. The Court found that the mother willfully violated the court order. The court ordered that the mother “is hereby found and declared to be an indirect civil contempt of court for her willful failure to obey the Court’s order as here instated and for visitation abuse for the time period of June 13 and 14, 2014.”
Nowhere does the order set a purge for the mother to comply. Without the order stating what the purge is, “accordingly, the civil contempt finding must be vacated.”
The court then goes on to discuss that the actions of the mother could also be characterized as criminal contempt in addition to civil contempt. However, since the court order “did not impose a punishment and only ordered make-up visitation, thus, Marybeth was not punished in any way other than being found in contempt. However, in a criminal contempt proceeding, the contemnor is entitled to similar constitutional protections and procedural rights as in other criminal proceedings.” However, the contemnor cannot assert these rights “unless he receives proper notice of the nature of the charges against him. Accordingly, any party wishing to initial indirect criminal contempt proceedings must not only notify the alleged contemnor that sanctions are being sought but that the proceedings were criminal in nature.”
The Appellate Court noted that the trial court also found that Marybeth had committed visitation abuse. It affirmed that finding. It then quoted from Charous, 368 Ill. App. 3d 114 and 750 ILCS 5/607.1 (c) that the court could modify visitation, order supervised visitation, order make-up visitation, order the parties to participate in counseling and mediation, and any other appropriate relief deemed equitable. “in the case of Bark, the trial court ordered make-up visitation for the periods of time in which Roy was unable to exercise his parenting time, a remedy that is expressly authorized by statute. Accordingly, we affirm the trial court’s judgment.”
The Court vacated the order finding her in civil contempt but affirmed the finding that she engaged in visitation abuse, affirmed the trial court’s order for make-up visitation.