specially concurring:
I agree with the majority’s conclusion that the liquidated damages provision of the marital settlement agreement is void. However, I believe that, to the extent that the majority opinion holds that parties in a dissolution proceeding cannot fashion a marital settlement agreement that provides where the parties will reside, the majority decides an issue not raised in this case. Therefore, I specially concur.
The parties in this case have brought only the issue of the liquidated damages provision before us. Neither party is contending that the provision of their marital settlement agreement requiring respondent to return to Illinois with Matthew by September 1, 2002, is void. The majority’s opinion states that “the liquidated damages provision is void on the basis that it required respondent’s return to Illinois.” 352 Ill. App. 3d at 1164. The liquidated damages provision did not require respondent’s return to Illinois; a separate provision of the marital settlement agreement provided for respondent’s and Matthew’s return. The liquidated damages provision simply attempted to secure this return. It is the obligation to pay liquidated damages that is the basis of the issue before us; thus, only this provision should be held void. We should make no ruling as to the validity of the return provision itself.