Today, the Illinois Supreme Court issued a unanimous decision, establishing a new precedent regarding parenting time modifications. On May 14, 2026, Timothy D. Brandner, the Managing Partner of the Brody Brandner, Ltd. law firm, traveled to Springfield, Illinois and argued the appeal before the Illinois Supreme Court. In its 7-0 decision, the Supreme Court reversed the ruling by the trial court against Mr. Brandner's client and remanded the case for further proceedings.
The decision represents another example of the importance of experienced appellate representation in complex civil litigation. An appeal is not simply a second trial. Appellate courts apply different procedural rules, review standards, and requirements governing preservation of issues, briefing, and the appellate record. Errors at any stage of the process can affect a client's ability to obtain meaningful appellate review.
Appellate Law and Procedure
Appellate litigation differs significantly from litigation in the trial courts. Appeals are governed by detailed procedural requirements concerning jurisdiction, preservation of issues, briefing, the contents of the record, standards of review, and filing deadlines. The rules are mandatory, and seemingly minor procedural issues can have significant consequences for a client's case.
When a matter proceeds from the trial court to an appellate court, the attorney handling the appeal must understand not only the legal issues presented on appeal, but also the factual and procedural history contained in the trial-court record. Having attorneys with experience at both levels can allow a legal team to develop a consistent strategy throughout the litigation.
Parenting Time Modifications
The Illinois Supreme Court's decision interpreted the requirements of 750 ILCS 5/610.5 and addressed what standards apply when a parent seeks to modify an existing parenting time schedule. The Court rejected the decision by the trial judge that a parent needed to show that a "substantial change in circumstances" occurred since the entry of the previous parenting time schedule. Ruling in favor of the arguments advanced by Mr. Brandner and his client, the Court held that § 5/610.5 requires a parent to prove only that "changed circumstances that necessitate modification to serve the best interests of the child." This distinction between "substantial change in circumstances" and "changed circumstances" was central to the issue considered by the Supreme Court. While recognizing that a "substantial change in circumstances" is still required for other modifications to a parenting judgment, such as decision-making responsibilities, the Court rejected the trial court's belief that this standard also applied to parenting time modifications.
McHenry County Appellate Attorneys
Effective legal representation means having a legal team that is competent and qualified, not just in trial, but at all levels of civil proceedings - trial courts, appellate courts, and the supreme court. The attorneys at Brody Brandner, Ltd. have experience representing clients before Illinois circuit courts, the Illinois Appellate Court, and the Illinois Supreme Court, and in the federal court system. Our team of legal professionals can help form a cohesive strategy for your case from start to finish, wherever that case may take you. "Our attorneys can assist clients with litigation from the trial court through appellate review, allowing the legal team to develop a consistent strategy as a case progresses — no matter how high the case may go. If you are facing a complex civil appeal, an adverse trial-court ruling, or a legal issue that may require review by an appellate court, contact Brody Brandner, Ltd. at (815) 374-7783 to discuss your case.