Illinois Second District Appellate: No Waiver Where Court Is The Culprit

In another grandparent visitation case, the Illinois Second District ruled that a due process argument was not waived even though it had not been raised in the trial court. The trial court ordered the parents not to talk to their daughter about the case. The parents argued that the order violated their due process rights to raise and care for their daughter as they see fit.

The appellate court ruled the argument was not waived. “… [D]efendants failed to make any argument before the trial court that the order prohibiting them from telling their daughter the outcome of the case violated their fourteenth amendment rights. However, the application of the forfeiture rule is less rigid where the basis of the objection is the trial court’s own conduct.”

Take a look at Felzak v. Hruby, 855 N.E.2d 202, 2-05-0848 (2006).