| In re Marriage of Arulpragasam, No. 4-98-0231 4th District, April 9, 1999 |
| In Re: the Marriage of DARINI S. ARULPRAGASAM, Petitioner-Appellant, and CRAIG S. EISELE, Respondent-Appellee. | Appeal from Circuit Court of Champaign County No. 96CH80 Honorable Harry E. Clem, Judge Presiding. |
JUSTICE GARMAN delivered the opinion of the court:
Petitioner mother, Darini S. Arulpragasam, appeals from the February 23, 1998, order of the circuit court of Champaign County, arguing that the circuit court abused its discretion by dismissing her petition for modification of custody. We reverse and remand.
I. BACKGROUNDThe mother and respondent father, Craig S. Eisele, are the parents of two daughters, ages seven and nine at the time of this appeal. The parties' marriage was dissolved by order of a court of the Commonwealth of Massachusetts in 1993. In April 1993, the parties were awarded joint custody of the girls, pursuant to their agreement, and the mother was given physical custody. Their dissolution agreement also contains a provision requiring the mother to obtain "permission" of the Berkshire County, Massachusetts, court prior to removing the children from the State of Massachusetts. Massachusetts law does not mandate that a custodial parent seek such permission before removing children from the state, except in certain circumstances that do not apply to these children. See Mass. Ann. Laws ch. 208,