Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, April 30, 2010

Recordings Evidence in IL Fitness Hearing

An Illinois appellate court recently reversed and remanded a case on the basis that the trial court erred in admitting recordings of vulgar telephone conversations between parents in a hearing determining a mother’s fitness.  The appellate court noted that the recording lacked proper foundation and were not authenticated.  The dissent, however, underscored that no objection as to foundation was made at the trial level.  The case is In  re C.H., L.H., and W.H., Minors, Nos. 3-08-0529, 3-08-0534 & 3-08-0535 (Ill.Ct. App. March 18, 2010).  Read the full opinion here.


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