tender years doctrine in Illinois

11 Illinois opinions name it 1 courts 1976–2008 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
Nelson v. Lewisgreen illappct · 1976 · cited in 2 Illinois opinions naming this issue, 2008–2008 2 sentences 2008App. 3d 232, 236 (2001) (finding that under the tender years doctrine, which states that a child is incapable of negligence if she is younger than seven years old because it is believed that children under the age of seven are incapable of recognizing and appreciating risk, the five-year-old defendant was incapable of negligence), with Nelson v. Lewis, 36 Ill. 2008App. 232 , 236 (2001) (finding that under the tender years doctrine, which states that a child is incapable of negligence if she is younger than seven years old because it is believed that children under the age of seven are incapable of recognizing and appreciating risk, the five-year-old defendant was incapable of negligence) with Nelson v. Lewis, 36 Ill.	2	2
Chu v. Bowersgreen illappct · 1995 · cited in 2 Illinois opinions naming this issue, 2001–2001 2 sentences 2001Chu v. Bowers, 275 Ill. 2001Chu, 275 Ill.	2	2
Fakhoury v. Vapor Corp.green illappct · 1987 · cited in 1 Illinois opinions naming this issue, 1995–1995 1 sentence 1995See Fakhoury v. Vapor Corp. (1987), 154 Ill.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
Toney v. Mazariegos green illappct · 1988 2 sentences 2005App. 3d 399 , 519 N.E.2d 1035 (1988) (discussion of the tender years doctrine applicable to children under the age of seven). 1995While two appellate courts have held that the adoption of comparative negligence had no impact on the validity of the tender years doctrine (Toney v. Mazariegos (1988), 166 Ill.	2	1995–2005
Nye v. Nye green ill · 1952 2 sentences 1980(Nye v. Nye (1952), 411 Ill. 408 , 105 N.E.2d 300 ; Meyers v. Meyers (1977), 51 Ill. 1980(Nye v. Nye (1952), 411 Ill. 408 , 105 N.E.2d 300 ; Meyers v. Meyers (1977), 51 Ill.	2	1979–1980
Wiegman v. Hitch-Inn Post of Libertyville, Inc. green illappct · 1999 1 sentence 2005While the incident in this case is certainly unfortunate, the irrepressible fact is there is not enough evidence available to establish that “the only probable, not merely possible, conclusion that can be drawn” (Wiegman, 308 Ill.	1	2005–2005
Lites v. Jackson green illappct · 1979 1 sentence 1995In considering this issue, we note that "the common law is not to be deemed abrogated by statute unless it appears clearly that such was the legislative intent.” (Lites v. Jackson (1979), 70 Ill.	1	1995–1995
Allen v. Dhuse green illappct · 1982 1 sentence 1995App. 3d 806, 810 , 433 N.E.2d 356, 360 .) However, in cases involving children under the age of seven, the tender years doctrine prohibits the admission of evidence to establish a child’s negligence.	1	1995–1995
Corcoran v. Village of Libertyville green ill · 1978 2 sentences 1995E.g., Corcoran v. Village of Libertyville (1978), 73 Ill. 2d 316 , 383 N.E.2d 177 . 1995E.g., Corcoran v. Village of Libertyville (1978), 73 Ill. 2d 316 , 383 N.E.2d 177 .	1	1995–1995
Breedlove v. Breedlove green illappct · 1972 1 sentence 1981App. 3d 774, 776 , 283 N.E.2d 919, 921 .) But changing social and legal trends have cast the tender years doctrine aside.	1	1981–1981
Pratt v. Pratt green illappct · 1975 1 sentence 1981(Pratt v. Pratt (1975), 29 Ill.	1	1981–1981
Marcus v. Marcus green illappct · 1974 1 sentence 1980App. 3d 401 , 320 N.E.2d 581 .) Stated differently, the tender years doctrine has been deemphasized and applies, if at all, only where all things are equal between father and mother (In re Custody of Melear (1979), 76 Ill.	1	1980–1980
Myers v. Myers green illappct · 1977 1 sentence 1980(Nye v. Nye (1952), 411 Ill. 408 , 105 N.E.2d 300 ; Meyers v. Meyers (1977), 51 Ill.	1	1980–1980
In Re Custody of Melear neutral illappct · 1979 2 sentences 1980App. 3d 401 , 320 N.E.2d 581 .) Stated differently, the tender years doctrine has been deemphasized and applies, if at all, only where all things are equal between father and mother (In re Custody of Melear (1979), 76 Ill. 1980App. 3d 706 , 395 N.E.2d 208,210 ), or it is simply one factor to be considered by the court in determining the best interest of the child.	1	1980–1980
Jines v. Jines green illappct · 1978 1 sentence 1979(E.g., Nye v. Nye (1952), 411 Ill. 408 , 105 N.E.2d 300 .) This doctrine is no longer universally accepted (e.g., Jines v. Jines (1978), 63 Ill.	1	1979–1979
Patton v. Armstrong green illappct · 1974 1 sentence 1976(Patton v. Armstrong (1974), 16 Ill.	1	1976–1976

Where else courts name it

PA 111 (1971–2026) MS 110 (1983–2025) MI 31 (1978–2026) NJ 24 (1990–2026) AL 21 (1976–2014) IL 11 (1976–2008) FL 9 (1979–1999) TN 9 (1983–2022) AK 7 (1977–2018) SC 6 (1975–1995) CA 6 (2020–2023) CT 4 (2015–2022) SD 4 (1976–1991) MD 4 (2008–2022) ND 4 (1986–2023) WA 3 (1960–2016) OH 2 (1987–1990) MN 2 (1985–1990) NC 2 (2012–2024) KS 2 (1979–1981)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check