Duris

Summary proceedings are common in family law cases. Nevertheless, however certain a court may be that a party or an attorney in a family law proceeding deserves sanctions, it must keep in mind an immutable principle that cuts across all areas of the law: sanctions may not be summarily imposed. Due process demands more.

*512 Petitioner Maureen J. Duris appeals a postjudgment order requiring her to pay $10,000 to respondent William August Urbany as sanctions for unnecessary litigation filed by Duris’s former attorney in this dissolution of marriage action. We conclude, among other things, that the trial court erred by (1) awarding sanctions without first giving advance notice to Duris that sanctions were an issue at a child support modification hearing, and (2) not affording Duris a hearing to present evidence to contest the imposition of sanctions and the amount of the fees. We reverse and remand for a new hearing.

FACTS

Duris filed a petition for dissolution of her marriage to Urbany. On June 2, 2004, the trial court entered a judgment of dissolution. The court subsequently ordered the custody of their two children to be shared by Duris and Urbany.

On January 29,…