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Drs. [[Robert S. Van Howe| Van Howe]] and Gibbon served as expert witnesses for the father, while Drs. Hatch and Goldstein served as expert witnesses for the mother, a 31-year-old homemaker from Northbrook.
She claimed that the boy had [[balanitis]] which she alleged would make his [[circumcision]] a necessary medical treatment, however it was shown that the boy had been swimming in heavily clorinated swimming pools, which caused the irritation. The boy did not have balanitis, so he did not need a circumcision. Even if he did have balanitis, there is more conservative treatment available than radical, destructive circumcision, it was shown.
This excerpt from the closing arguments describes the case.
<blockquote>
This is a simple case. Ms. Rovin, formerly Ms. Schmidt, was required by the divorce decree to confer with Mr. Niznik about any non-emergency healthcare services for the Child. (Parenting Agreement, Paragraph B, attached to the Judgment for Dissolution of Marriage, Exhibit “B” to Respondent’s Emergency Verified Petition herein). She failed to do so, both in 2005 and in 2006. Instead she secretly scheduled an unnecessary circumcision of the Child, even though the child had never been properly diagnosed and treated for alleged “balanitis,” or inflammation of the glans penis. Mr. Niznik discovered this plan, discussed the facts about circumcision with his son (who upon being informed of the truth decided he did not want to be circumcised), and forbade the circumcision. He then brought this action to obtain the Court’s aid in prohibiting the circumcision and to have Ms. Rovin held in contempt for failing to confer with him. The undisputed facts support his requests, particularly since the undisputed facts at the evidentiary hearing were (1) that the Child at present has an entirely normal, disease free penis, (2) that circumcision is physically damaging, (3) that circumcision at this age may be psychologically damaging, (4) that circumcision at the Child’s age carries with it the risks inherent in the use of general anesthesia, including death, (5) that circumcision carries with it the risk of surgical mishap, bleeding, and infection, with possible disastrous consequences, (6) that
258 Appendix A balanitis is almost always 100% curable by the application of betamethasone cream, which has never been prescribed for the Child, and (7) that balanitis can occur in a circumcised male.
</blockquote>
Add reference.
|url=https://www.arclaw.org/wp-content/uploads/Newsletter-5-2.pdf
|title=ARC Newsletter
|last=
|first=
|accessdate=2020-05-03
}}</ref> <ref name="appendixone">{{REFweb
|url=https://link.springer.com/content/pdf/bbm%3A978-1-4020-9167-4%2F1.pdf
|title=Appendix One
|last=
|first=
Mr. Niznick only found out about the circumcision a few days before it was to occur in February 2006 when his son told him during a scheduled visitation that he was to have surgery on his penis.
==Proceedings== Mr. Niznik retained renowned circumcision lawyer [[David J. Llewellyn]] of Atlanta, Georgia to represent him and they went to court in the [http://www.cookcountycourt.org/ Circuit Court of Cook County], Illinois. Mr. Llewellyn was supported by local counsel Lake, Toback & D'Arco. Tte The Polish-born father, a 49-year-old building manager from Arlington Heights, immediately asked Judge Jordan Kaplan to issue a temporary restraining order to prevent the circumcision of his son, pending a trial, which was done.<ref name="arcnews2006" /> Drs. [[Robert S. Van Howe| Van Howe]] and Gibbon served as expert witnesses for the father, while Drs. Hatch and Goldstein served as expert witnesses for the mother, a 31-year-old homemaker from Northbrook, represented by Tracy Rizzo.<ref name="arcnews2006"> <ref name="appendixone" /> She claimed that the boy had [[balanitis]] which she alleged would make his [[circumcision]] a necessary medical treatment, however it was shown that the boy had been swimming in heavily clorinated swimming pools, which caused the irritation. The boy did not have balanitis, so he did not need a circumcision. Even if he did have balanitis, there is more conservative treatment available than radical, destructive circumcision, it was shown.<ref name="appendixone" />