In Re Marriage of Spomer

PRESIDING JUSTICE WELCH,

dissenting:

The trial court’s written order of September 9, 1982, recited that it is in the best interests of the child to award the grandparents, Mr. W. C. Spomer and Justice Dorothy W. Spomer, substantial visitation privileges. The majority holds that no showing has been made which would justify vacation of the visitation provisions. I believe the majority’s decision overlooks the fact that no evidence was presented at the September 9, 1982, hearing from which the trial court could have found that the visitation provisions of the separation agreement were reasonable or in the best interest of the child. The trial court made no inquiry about facts or circumstances which would have made it in the child’s best interests to be separated from his natural mother at such a young age by such frequent grandparent visitation.

I would hold that the marital separation agreement provisions on visitation were not binding on the court and should not have been adopted absent facts and circumstances of record which supported the trial court’s conclusion as to the best interests of the child. (Ill. Rev. Stat. 1981, ch. 40, par. 502(b).) In addition, the marital separation agreement provisions as to grandparent visitation are improper absent facts and circumstances of record which establish that such visitation, beyond that granted to the natural father, is in the best interests of the child under section 607(b). (Ill. Rev. Stat. 1981, ch. 40, par. 607(b).) I would reverse those portions of the judgment of dissolution pertaining to child visitation and remand for further determination of visitation provisions based on evidence of the child’s best interests.