This article should be read in conjunction with our May 2015 article on Mental Health Examinations.
There any number of child related issues that may arise in a divorce or parentage matter. Frequently, the most intractable issue are those which pertain to the mental or physical fitness on the part of a party to the case. Illinois Supreme Court Rule 215 permits opposing parties and even the trial court may seek to discover relevant facts about the condition of an adverse party by requiring them to participate in an evaluation with an impartial medical professional. The evaluator may conclude and report to the court whether the party is either mentally and physically fit to function around their children without adversely affecting the children’s mental, moral, physical, or emotion well-being, or even their best interests.
If you are subject to a Rule 215 evaluation you may ask yourself, are there any limitations to evaluations if your case has concluded? Can a court abuse its discretion by ordering an evaluation? The answer, maybe a surprising, “yes.”