How a Mental Health Evaluation Can Impact Child Custody Cases in Illinois

Understanding Mental Health Evaluations in Child Custody Cases

In Illinois custody cases, a parent’s mental health can be a major factor in deciding what’s truly best for the child. Judges are always focused on the child’s safety, emotional well-being, and overall development. When concerns about a parent’s mental or emotional stability come up, the court may decide that a psychological or psychiatric evaluation is necessary.

It is important to remember that a parent having a mental health diagnosis does not automatically make someone unfit to act as a parent. Family courts look at the bigger picture of what is in a child's best interests. The real question is whether the parent’s mental health condition affects their ability to care for their child, make sound decisions, and provide a safe and stable home. Evaluations are often ordered when there are claims of erratic behavior, substance abuse, psychiatric hospitalizations, or anything else that raises red flags about a parent’s ability to meet the child’s needs.

A judge can order an evaluation on their own or after a request from either parent, a guardian ad litem (GAL), or a child representative. These evaluations are meant to give the court a clearer understanding of the parent’s mental and emotional state and whether any issues might interfere with their role as a caregiver. It’s not about punishment, it’s about making sure the child is protected and supported.

Why Courts Consider Mental Health Evaluations in Custody Cases

In Illinois, the term “child custody” has been replaced with allocation of parental responsibilities under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This updated framework breaks parenting down into two main parts: decision-making responsibilities (such as education, healthcare, religion, and extracurricular activities) and parenting time (the schedule for when each parent has the child in their care).

When making decisions about how to allocate those responsibilities, judges are guided by a set of “best interest” factors laid out in 750 ILCS 5/602.5 and 750 ILCS 5/602.7. Some of the key factors include:

• The mental and physical health of both the parents and the child;

• Each parent’s ability to work together and make joint decisions;

• The level of conflict and communication between the parents;

• Any history of domestic violence, substance abuse, or neglect; and

• Whether each parent is willing and able to put the child’s needs above their own.

  
  

If a parent’s mental health becomes a concern during the case, the court can order a psychological evaluation under 750 ILCS 5/604.10(b). This statute allows the judge to appoint a qualified mental health professional—usually a psychologist or forensic evaluator—to conduct a formal assessment. These evaluations often include psychological testing, clinical interviews, and input from third parties such as teachers, caregivers, or family members.

If one parent disagrees with the findings of that evaluation, Section 604.10(c) gives them the right to hire their own expert to perform an independent assessment. The court will then consider both evaluations in making its decision.

In some situations, the court may also rely on Illinois Supreme Court Rule 215, which allows a judge to order a physical or mental examination when a party’s condition is in controversy and the information is essential to the case.

Whether it’s done through a court-appointed expert or an independent evaluator, these mental health assessments can significantly influence how parenting time and responsibilities are divided. But the goal isn’t to punish a parent. It’s to give the court a clearer picture of each parent’s ability to provide a safe, stable, and supportive environment for the child.

Legal Authority for Mental Health Evaluations in Illinois Custody Cases

When mental health becomes a serious concern in a custody dispute, Illinois courts have the legal tools to step in and take a closer look. These court-ordered mental health evaluations in Illinois are guided by well-defined laws that are designed to make the process fair and focused on protecting the child’s best interests.

Illinois Marriage and Dissolution of Marriage Act (IMDMA)

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts have the authority to appoint professionals to help assess what’s truly best for the child. This comes into play especially when mental health concerns are raised about one or both parents. Two key provisions, Sections 604.10(b) and 604.10(c), give courts the framework to evaluate mental and emotional fitness during custody proceedings.

Section 604.10(b): Court-Appointed Evaluations

Under 750 ILCS 5/604.10(b), a judge can appoint a licensed mental health professional to conduct an independent evaluation of the parties. This Illinois 604.10(b) evaluation in child custody cases gives the court an objective look at how a parent's psychological condition might affect their ability to parent safely and effectively.

The evaluation process usually involves clinical interviews, standardized psychological testing, and gathering input from others in the child’s life—such as teachers, medical providers, or close family members. The evaluator then prepares a written report, which is submitted to the judge and often plays a critical role in how custody and parenting time are decided.

Section 604.10(c): Independent Evaluations by a Party

If a parent doesn’t agree with the findings of a court-appointed expert, 750 ILCS 5/604.10(c) gives them the right to hire their own evaluator. This Illinois 604.10(c) child custody mental health evaluation offers a second opinion, and the judge is required to consider it along with the original report. These independent evaluations are especially useful when there’s concern about bias, incomplete information, or errors in the initial assessment.

Illinois Supreme Court Rule 215(a): Mental Health Examinations Ordered by the Court

In some cases, the court might not proceed under the IMDMA at all. Instead, it can rely on Illinois Supreme Court Rule 215(a). This rule allows the court to order a mental or physical exam when a party’s condition is in dispute and the information is necessary to resolve the case.

An Illinois Rule 215 family law mental health examination can be ordered in any civil case, including custody matters. It’s especially relevant in situations involving serious allegations like threats of harm, refusal to take prescribed medication, or refusal to engage in necessary treatment. These evaluations are typically done by a professional selected from a court-approved list, and the results become part of the evidence used in trials or hearings.

Illinois Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110)

One of the most common questions parents ask is whether the results of these evaluations are confidential. The evaluations are kept confidential to the highest possible degree. Under the Illinois Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110), mental health records and communications are generally protected and cannot be shared without the patient’s consent.

However, in custody cases, certain exceptions apply. If a psychological evaluation is ordered by the court, the resulting report is submitted to the judge and made available to both parties and their attorneys. But that doesn’t mean your entire mental health history is fair game. Only the information relevant to the case is shared, and access is tightly controlled by the court.

So for those wondering if mental health evaluations are confidential in Illinois custody cases, the answer is that while evaluations are not fully private, they are treated with care and limited strictly to what’s necessary to protect the child and ensure a fair outcome.

Situations That May Require a Mental Health Evaluation

Common Reasons for Court-Ordered Evaluations

One of the most common questions parents have during a custody dispute is, "When does a judge order a mental health evaluation in child custody?" The answer depends on the facts of each case, but generally, courts step in when there are serious concerns that a parent's mental or emotional state could affect their ability to care for their child.

Illinois courts don’t take these evaluations lightly. Judges typically order them only when there’s enough evidence to suggest a legitimate concern—not just because one parent makes a vague accusation. That said, there are a few situations where mental health evaluations are more commonly ordered:

• Allegations of Mental Illness Impacting Parenting Ability: If one parent claims the other has a mental health condition that interferes with parenting—such as severe depression, bipolar disorder, or personality disorders—the court may request an evaluation to determine whether that condition actually poses a risk to the child. Having a diagnosis isn’t enough by itself; what matters is whether the condition affects parenting.

• Substance Abuse and Its Effect on Custody Decisions: If a parent has a known history of drug or alcohol abuse, or is accused of currently using substances in a way that puts the child in danger, a psychological or psychiatric evaluation may be necessary. This allows the court to determine the severity of the problem and whether treatment or supervised visitation might be appropriate.

• Accusations of Neglect or Child Endangerment: When there are allegations that a child has been neglected, exposed to dangerous conditions, or harmed while in a parent’s care, mental health concerns often come into play. In these cases, evaluations help the court assess whether the parent has the capacity to provide a safe and nurturing environment.

  
  

In short, mental illness and child custody in Illinois courts can intersect in many different ways, but the focus is always on protecting the child’s safety and emotional well-being.

Who Can Request a Mental Health Evaluation?

Parents often ask, "Can my ex request a psychological evaluation in an Illinois custody case?" The short answer is yes—but it’s not automatic. While a parent can certainly raise concerns and ask the court to order an evaluation, it’s ultimately up to the judge to decide whether one is necessary.

In Illinois, a mental health evaluation can be requested by:

• The Judge: A court may act on its own if the judge observes concerning behavior or finds evidence that mental health may be a significant factor in the case.

• Opposing Parties: One parent can file a motion asking the court to order a psychological evaluation of the other parent, but they must usually provide specific facts or evidence supporting the request.

• Guardian ad Litem (GAL) or Child Representative: These are court-appointed professionals who advocate for the child’s best interests. If a GAL believes a parent’s mental health needs to be evaluated, the court will take that recommendation seriously.

  
  

Regardless of who initiates it, the court has the final say. The judge must determine whether an evaluation is truly necessary and ensure it’s conducted fairly, by a qualified professional. If approved, the results of that evaluation may play a major role in how parenting time and decision-making responsibilities are allocated.

The Mental Health Evaluation Process in Illinois Custody Cases

If the court has ordered a psychological evaluation as part of your custody case, you’re probably wondering what the process looks like and how it might affect the outcome. That uncertainty is completely normal. These evaluations can feel intimidating, but they’re designed to help the court make informed decisions about your child’s well-being.

Understanding what to expect during a mental health evaluation for child custody can go a long way in helping you prepare and feel more confident.

What Happens in a Mental Health Evaluation?

In Illinois, mental health evaluations follow a fairly structured process. While each evaluator might handle things slightly differently, the overall goal is the same: to give the judge a clearer picture of how each parent’s mental and emotional health could impact their ability to parent.

Here’s a general breakdown of the steps involved in a mental health assessment for Illinois family court:

• Review of Background and Case Information: The evaluator will start by reviewing court filings, medical or mental health records, and any other documents the judge believes are relevant.

• Individual Interviews: You’ll be interviewed one-on-one. The evaluator may ask about your personal history, parenting style, past mental health treatment (if any), and your relationship with your child. The other parent will go through the same process.

• Interviews with the Child: In many cases, the child will be interviewed as well—depending on their age and maturity. The evaluator is looking to understand the child’s emotional state and relationship with both parents.

• Psychological Testing: Sometimes evaluators use standardized psychological tests to get a better understanding of personality traits, emotional functioning, or possible mental health concerns.

• Third-Party Input: The evaluator might reach out to teachers, therapists, pediatricians, or even extended family members who have regular contact with the child. This helps round out the picture with insights beyond what the parents provide.

• Parent-Child Observations: The evaluator may observe how you interact with your child in person—paying attention to things like responsiveness, discipline, emotional connection, and communication.

• Final Report: After completing all of the above, the evaluator will write a report with their findings and recommendations. This report is submitted to the court and can influence decisions about parenting time, decision-making responsibilities, or the need for therapy or supervision.

These evaluations are meant to be thorough, not punitive. The court wants to understand what each parent is capable of and what kind of environment is best for the child.

Who Conducts the Evaluation?

Not just anyone can do this kind of evaluation. In most cases, licensed child custody evaluators in Cook County, Illinois are psychologists, licensed clinical social workers, or other mental health professionals who have specific training in family law and custody matters.

If the court orders the evaluation, the professional is usually selected from a list of approved experts who are familiar with the standards outlined in Illinois law—particularly Section 604.10(b) of the Illinois Marriage and Dissolution of Marriage Act. If you or the other parent hire your own evaluator (under 604.10(c)), they still have to meet the court’s standards and provide a report the judge will actually consider.

Regardless of who hires them, evaluators are expected to stay neutral and objective. They’re there to give the court facts, not to take sides.

How Long Does the Process Take?

One of the most common questions we hear is, “How long does a court-ordered mental health evaluation take?” There’s no single answer, but most evaluations take somewhere between four and ten weeks from start to finish.

That timeline includes everything—scheduling, interviews, reviewing documents, conducting testing, and writing the final report. If the case is more complex or multiple parties are involved, it may take longer. Delays can also happen if a parent misses appointments, withholds information, or doesn’t cooperate with the process.

If you're involved in a custody dispute where mental health is being evaluated, it's important to take the process seriously and participate fully. The evaluator’s recommendations can carry significant weight in the court’s final decision.

How Illinois Courts Use Mental Health Evaluations in Custody Decisions

In Illinois child custody cases, mental health evaluations can play a pivotal role in determining the allocation of parental responsibilities. These evaluations provide the court with insights into each parent's psychological well-being and how it may impact their ability to care for their child.​

Evaluations as Evidence in Custody Hearings

When a mental health evaluation is conducted, the findings are presented as evidence during custody hearings to assist judges in determining the fitness of parents to act as parents and how responsibilities and parenting time should be allocated. 

Judges review these psychological evaluations thoroughly to assess each parent's ability to meet the child's best interests and needs. Although these evaluations are influential, they are not the sole factor in custody determinations. Judges consider a much broader view of all evidence presented and weigh them based upon the statutory provisions of the Illinois Marriage and Dissolution of Marriage Act which determines child custody.

How Judges Weigh Mental Health Reports

Illinois family courts carefully assess mental health evaluation reports by considering the evaluator's credentials, the methodologies used, and the relevance of the findings to the child's best interests. The court evaluates whether any mental health issues identified could affect a parent's ability to provide a stable and nurturing environment. ​

Possible Legal Outcomes Based on Evaluation Findings

The results of a mental health evaluation can lead to various legal outcomes, including:​

• Unrestricted Custody: If both parents are deemed psychologically fit, the court has authority to grant joint custody or allocate parenting time without restrictions or however the court deems fit based upon the other issues within the case.

• Supervised Visitation Orders: If a parent's mental health condition poses potential risks, the court might order supervised visitation to ensure the child's safety.​

• Mandated Therapy or Counseling for a Parent: The court may require a parent to participate in therapy or counseling to address specific mental health concerns before granting or expanding custody rights.​

• Limitations on Parental Decision-Making Authority: In cases where a parent's mental health significantly impairs their judgment, the court might limit their decision-making authority regarding the child's upbringing.​

These outcomes underscore that a mental health evaluation can indeed affect custody rights in Illinois, as the court's primary focus is the child's well-being. ​

Case Law Examples in Illinois

An example of a case regarding mental health evaluations is In re Marriage of Debra N. and Michael S. (2013), where the trial court modified the existing joint custody arrangement, awarding sole custody to the father. This decision was made despite recommendations from the court-appointed expert and child representative favoring the mother. The court's ruling highlighted that while expert opinions are considered, they do not bind the court's final decision.

This case exemplifies how Illinois courts utilize mental health evaluations as one of several tools to determine the child's best interests, ensuring that custody decisions promote the child's overall welfare.​

Challenges and Legal Considerations in Mental Health Evaluations

Mental health evaluations can have a major impact on the outcome of a custody case—but they aren’t always perfect. Like any process involving human judgment, evaluations come with potential pitfalls. Parents going through custody litigation often worry about fairness, bias, and the long-term implications of what’s included in a psychological report.

Can an Evaluation Be Biased? Addressing Potential Prejudices

A common concern among parents is, “Are mental health evaluations in custody cases biased?” While evaluators are expected to remain neutral and follow professional standards, they are still human. Unintentional bias can enter the process in subtle ways—through the language used in reports, how interview responses are interpreted, or even assumptions about mental health diagnoses.

Bias can also stem from the sources an evaluator relies on, such as one-sided collateral interviews or disputed documentation. In some cases, a parent might feel that the evaluator formed a negative opinion too early or failed to understand the full context of the family dynamics.

That said, Illinois courts don’t blindly follow evaluation recommendations. Judges consider the full picture, including testimony, behavior in court, and the child’s best interests. Still, if you believe an evaluation was unfair or biased, there are ways to address it.

What If a Parent Disagrees with the Evaluation Results?

If you strongly disagree with the evaluator’s conclusions, you have legal options. One of the most important is the right to a second opinion under Section 604.10(c) of the Illinois Marriage and Dissolution of Marriage Act. This provision allows a parent to retain their own qualified mental health expert to conduct an independent evaluation. The court is required to consider this additional opinion, especially in contested custody cases.

Understanding how to challenge a court-ordered mental health evaluation in Illinois starts with having a skilled family law attorney review the evaluator’s report, the methods used, and any inconsistencies. If there are valid concerns, your attorney can help present counter-evidence, cross-examine the evaluator, or introduce your own expert testimony.

Keep in mind that challenging an evaluation isn’t about winning against the evaluator. It’s about making sure the court sees a balanced and complete view of your ability to parent.

Confidentiality of Mental Health Records in Custody Cases

Another common issue is privacy. Parents often ask whether their mental health history can be used against them—and understandably so. Illinois has some of the strictest mental health privacy protections in the country. The Illinois Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110) governs what can and cannot be disclosed in court.

Under these Illinois confidentiality laws for mental health records in custody cases, your therapy notes, psychiatric history, and communications with mental health professionals are confidential by default. However, once you place your mental health at issue in a custody case—or if the court orders an evaluation—some of that information may be disclosed to the court.

That disclosure is limited. Only the records or findings that are directly relevant to the evaluation and custody issues will be shared, usually in the form of a written report to the judge and both attorneys. Broader access to your full mental health history is not granted unless the court specifically orders it and finds it necessary.

Strategies for Contesting a Negative Evaluation

If a mental health evaluation doesn’t reflect you accurately or if it paints an unfair picture, you’re not powerless. Here are a few strategies to consider with your attorney:

• Request an Independent Evaluation: As mentioned above, under Section 604.10(c), you can hire your own expert to conduct a new evaluation, especially if you believe the original was flawed or biased.

• Cross-Examine the Evaluator: Your lawyer can challenge the evaluator’s findings during a hearing, asking questions about their methods, possible omissions, or inconsistencies in their conclusions.

• Present Contradictory Evidence: This might include school records, therapy notes (with your consent), parenting schedules, or even testimony from professionals who’ve worked with you and your child.

• Demonstrate Growth or Change: If the evaluation identified legitimate concerns, but you’ve taken steps to address them—such as completing counseling or treatment—this can show the court your commitment to improving and co-parenting effectively.

Ultimately, the court’s job is not to punish parents for having mental health challenges. The purpose is to ensure that children are raised in safe, supportive, and emotionally stable environments. By understanding your rights and working with a knowledgeable attorney, you can make sure your side of the story is heard and fully considered.

How Parents Can Prepare for a Mental Health Evaluation

Being part of a child custody case is stressful enough. When the court orders a mental health evaluation, it can add another layer of concern. You might feel uncertain about what the evaluator is looking for or how the results could influence your case. The good news is that preparation and a clear understanding of the process can help you approach it with confidence.

Mental health evaluations in custody cases focus less on diagnosis and more on parenting. The evaluator’s job is to assess how you manage stress, how you relate to your child, and whether you can provide a stable and supportive home environment.

Here are some ways to prepare:

Hire a Skilled Child Custody Lawyer

Make sure to hire a family lawyer who is skilled in family law and child custody cases. Mental health evaluations in child custody cases require skilled attorneys to handle your child custody case.

As soon as the court orders an evaluation, speak with your attorney. They can explain what to expect, what your rights are, and how to present yourself during the process. If you have concerns about the evaluator’s background or neutrality, your attorney can raise those issues in court.

If you disagree with the evaluation results later, your attorney can help you request a second opinion under Section 604.10(c) of the Illinois Marriage and Dissolution of Marriage Act.

Be Honest and Stay Focused

During the evaluation, honesty matters. Evaluators are not expecting perfect parents, but they do want to see that you understand your responsibilities and can meet your child’s needs. Answer questions truthfully and try to stay focused on your parenting, rather than criticizing the other parent.

Avoid exaggerating, becoming defensive, or using the evaluation as a way to vent. Keep the conversation centered on your relationship with your child, your daily routines, and how you support your child’s emotional and physical development.

Know What the Evaluator Is Looking For

Mental health evaluators look at how parents manage stress, resolve conflict, and interact with their children. They may ask about your personal history, including any prior mental health treatment, how you discipline your child, and how you communicate with the other parent.

They may also observe your demeanor, including your ability to remain calm and cooperative. Your tone, body language, and willingness to engage respectfully are all part of the overall picture they are building for the court.

Stay Organized and Cooperative

You may be asked to provide documents or contact information for teachers, doctors, or therapists. Make sure you have those materials ready and respond quickly to the evaluator’s requests. Missing appointments or failing to provide requested information can reflect poorly on your level of cooperation.

Being responsive and respectful shows the evaluator and the court that you are putting your child’s needs first.

Support Your Mental Health

If you are already in counseling or treatment, continue with it. Judges respect parents who are proactive about their mental health. If you are not currently in therapy but believe it would help, consider starting. Not only can it help you manage the stress of the custody case, but it can also show the court that you are committed to self-improvement and providing the best environment for your child.

Mental health evaluations are not meant to intimidate. They are a tool the court uses to better understand the family and ensure that any custody decision supports the child’s overall well-being. When you approach the process prepared and with the right support, it becomes an opportunity to show your strengths as a parent.

Final Thoughts on Mental Health Evaluations in Child Custody Cases

Mental health evaluations can play a major role in child custody cases in Illinois. When handled properly, they give the court a clearer understanding of each parent’s emotional well-being and their ability to provide a safe and supportive environment for their child. But when misunderstood or misused, they can create confusion, stress, and outcomes that don’t reflect the full picture.

Whether you have been ordered to complete an evaluation or believe that one is necessary for the other parent, having the right legal support makes a real difference. At Chicago Family Attorneys, LLC, we understand how emotional and complex these situations can be. Our team helps parents prepare for evaluations, respond to unfair or inaccurate findings, and ensure that the process remains fair and focused on what truly matters—your child’s best interests.

If mental health is becoming part of your custody case, you do not have to face it alone. Contact Chicago Family Attorneys, LLC to schedule a free child custody consultation. We are here to protect your rights, support your family, and help you move forward with clarity and confidence. Call (312) 971-2581 or book an appointment online.

Frequently Asked Questions (FAQs)

When does a judge order a mental health evaluation in a child custody case in Illinois?

A judge may order a mental health evaluation if there are concerns that a parent's emotional or psychological condition could affect their ability to care for their child. Common reasons include allegations of mental illness, substance abuse, erratic behavior, or child neglect. The court must believe that the evaluation is necessary to make a decision that serves the child’s best interests.

Can my ex request a psychological evaluation in an Illinois custody case?

Yes. Either parent can request a psychological evaluation, but the judge will only approve it if there is a valid reason. The court must find that there are specific concerns or evidence that justify the evaluation. Judges do not grant these requests automatically.

What happens during a mental health evaluation in a custody case?

The evaluator will typically review background documents, conduct interviews with each parent and the child, administer psychological tests, speak with third parties (like teachers or doctors), and observe how the parent interacts with the child. A written report is then submitted to the court with findings and recommendations.

What should I expect during a mental health evaluation for child custody?

Expect several one-on-one interviews, possible psychological testing, and questions about your mental health, parenting, and daily life. You may also be observed with your child, and the evaluator may request documents or speak to other people involved in your child’s life.

Who conducts these evaluations in Illinois?

In most cases, evaluations are completed by licensed psychologists, clinical social workers, or other mental health professionals experienced in family law. In Cook County and throughout Illinois, evaluators must meet court-approved qualifications.

How long does a court-ordered mental health evaluation take?

Most evaluations take four to ten weeks, depending on the complexity of the case and the evaluator’s availability. Delays can occur if appointments are missed, documents are not provided, or the evaluator has a full schedule.

Are mental health evaluations in custody cases biased?

Evaluators are expected to remain neutral, but bias can sometimes occur—especially if the evaluator relies too heavily on one-sided information or misinterprets a parent’s behavior. If you believe the evaluation was unfair, you have the right to challenge it with the help of your attorney.

How can I challenge a court-ordered mental health evaluation in Illinois?

Under Section 604.10(c) of the Illinois Marriage and Dissolution of Marriage Act, you can request an independent evaluation from your own qualified expert. You may also present additional evidence, cross-examine the original evaluator in court, and highlight any issues or inconsistencies in the original report.

Are mental health records confidential in custody cases in Illinois?

Yes, but with limits. The Illinois Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110) protects your mental health records. However, if the court orders an evaluation or if mental health becomes a central issue in the case, some of that information may be disclosed to the court and the attorneys—but only what is directly relevant.

Can a mental health evaluation affect custody rights in Illinois?

Yes. The results can influence whether a parent receives unrestricted parenting time, is required to have supervised visits, or must complete therapy before being granted decision-making authority. However, mental health concerns alone do not mean a parent will lose custody—what matters is how those issues affect parenting ability.

What if I’m currently in therapy or have a diagnosed mental illness? Will that hurt my case?

Not necessarily. Courts do not punish parents for having mental health conditions. What matters is whether you are stable, receiving treatment, and able to provide a safe and consistent environment for your child. Being proactive about your mental health often helps your case.

How can a lawyer help me during this process?

An experienced family law attorney can help you prepare for a court-ordered evaluation, ensure your rights are protected, challenge unfair findings, and request an independent evaluation if needed. They can also help you understand the process, avoid mistakes, and present your case clearly and effectively in court.