369 Ill. App. 3d 328 - Flynn v. Henkel’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The harm that E.H. would suffer if there were no visitation can be inferred from the evidence. As the trial court stated, it ‘is not something that you can put in the sense of a direct emotional harm.’ However, Cindy’s love for E.H. is manifest in the record. She tried to become involved with Alice even before E.H. was born and sent items for the baby. She came to visit E.H. the very night that she learned that he had been born. As Cindy said, T just want to be part of [E.H’s] life. He deserves it and I. deserve it.’ If Cindy were denied visitation, E.H. would be harmed by never knowing a grandparent who loved him and who did not undermine the child’s relationship with his mother. There was no evidence that the prior visitation interfered with Alice’s relationship with E.H., and the evidence showed that Cindy would abide by any restrictions that the court placed on future visitation. We can find no error in the trial court’s finding that Alice’s denial of visitation was harmful to E.H.’s mental, physical, or emotional health ***.” (Emphasis added.) 369 Ill. App. 3d at 335 .”

   1 later decision quote this exact passage · from the majority
   e.g. 227 Ill. 2d 176 - Flynn v. Henkel

2. ““(a — 5)(1) Except as otherwise provided in this subsection (a — 5), any grandparent, great-grandparent, or sibling may file a petition for visitation rights to a minor child if there is an unreasonable denial of visitation by a parent and at least one of the following conditions exists: * * * (E) the child is born out of wedlock, the parents are not living together, and the petitioner is a paternal grandparent, great-grandparent, or sibling, and the paternity has been established by a court of competent jurisdiction. *** (3) In making a determination under this subsection (a — 5), there is a rebuttable presumption that a fit parent’s actions and decisions regarding grandparent, great-grandparent, or sibling visitation are not harmful to the child’s mental, physical, or emotional health. The burden is on the party filing a petition under this Section to prove that the parent’s actions and decisions regarding visitation times are harmful to the child’s mental, physical, or emotional health.” 750 ILCS 5/607(a — 5) (West 2006).”

   1 later decision quote this exact passage · from the majority
   e.g. 227 Ill. 2d 176 - Flynn v. Henkel

3. ““Okay. Based on the testimony presented the Court finds that the petitioner has met her burden. The harm in this case is not something that you can put in the sense of a direct emotional harm. It’s a direct denial of an opportunity that every grandparent according to this statute is entitled to.””

   1 later decision quote this exact passage · from the majority
   e.g. 227 Ill. 2d 176 - Flynn v. Henkel