Interstate and International Custody Issues

//Interstate and International Custody Issues

WHY CAN’T I MOVE THE CASE FROM ILLINOIS?

Father filed a petition to vacate portions of the Illinois divorce decree. The trial court vacated the child custody and child support provisions of a judgment of dissolution of marriage.   The court ordered that the issue of child custody would be decided in Illinois.   Mother and child now lived in the State of Texas.  Mother [...]

By | October 1st, 2019|Interstate and International Custody Issues|0 Comments

CAN A COURT IGNORE AN AGREEMENT OF THE PARTIES?

Parties divorced in Illinois. Mother was granted leave to move to New York with the minor child. The  removal and visitation order contained a forum-selection clause.  The parties had agreed on it as part of the agreement for mother to move with the child to New York.  It required that jurisdiction remain with the State [...]

By | October 1st, 2019|Interstate and International Custody Issues|0 Comments

DEFAULT JUDGMENT DOES NOT END THE LITIGATION

The parties had been married in Iowa. They lived together until wife moved to Illinois. Wife filed a Petition for Dissolution of Marriage in Illinois. Summons was issued to husband.  He was then a resident of the state of Georgia.   He was personally served. The petition for dissolution requested that the court award wife a [...]

IN CONFORMITY WITH PEOPLE MOVING AROUND SO MUCH

Illinois House Bill 2186 will amend the Illinois Marriage and Dissolution of Marriage Act.  The bill changes the definition of "relocation".  It is revised to mean a change of residence from the child's current primary residence to a new residence within this State. It will no longer be a location in a specific county within [...]

ON A CASE BY CASE BASIS FOR RELOCATION OF THE CHILDREN

Husband and wife were awarded joint custody of the children.  Primary physical custody going to husband.   While school was in session, the children spent 6 out of every 14 nights with wife.   When school was not in session, the children spent alternate weeks with each parent. Later, husband filed a notice of intent to relocate [...]

FATHER DID NOT TAKE OPPORTUNITIES FOR MORE TIME WITH THE CHILDREN

Court allowed the wife permission to move from Illinois to North Carolina with the parties' two minor children.  Husband appealed the reduction of his visitation. He had wanted even more visitation with the children than he was now given. When the parties had divorced, the court awarded joint custody to the parties.  Wife was the [...]

By | January 4th, 2019|Interstate and International Custody Issues|0 Comments

NO PASSPORT IF YOU OWE CHILD SUPPORT OF AT LEAST $5,000

The government is ordered to deny the passport application of a person who owes child support of at least $5,000. Eunique's marriage was dissolved in California. Her husband was awarded custody of the children. She was ordered to pay child support. She failed to pay the ordered amounts. She became in arrears for more than [...]

USING PARENTAL KIDNAPPING AS YOUR DEFENSE MAY NOT BE A GOOD IDEA

  Mother was found guilty of parental kidnapping.   She was sentenced to two years in prison. The mother and father were in state trial court in a custody lawsuit.  It was the eve of the trial court’s decision. Mother believed that the trial court would award father full custody of their child.   She took the [...]

REMEMBER THAT CONTRACT THAT YOU SIGNED………..?

The parties lived in Illinois. They moved to Canada. The parties and their children traveled from Ontario to Lake Forest, Illinois. They had purchased tickets for all of them to return to Canada. However, while in Lake County, Wife told Husband that she and the two children would not return to Canada.  She filed for [...]

DAD, YOU CAN’T MOVE AND TAKE THE KIDS

Parents get divorced.  Then, Father filed a petition for leave to relocate with the parties' 2 minor children.  He wanted to move from Illinois to Virginia.  The court allowed Father to move with the two children.  Mother appealed. Some additional detail from the divorce decree now.  Mother had joint parental decision-making responsibilities. On every major [...]