After a divorce is final, parents are not necessarily able to put everything behind them and make decisions without consulting a spouse. When children are involved, many post-decree issues still must be negotiated or determined through legal means. This includes issues that arise when either a custodial or non-custodial parent wants to relocate to another jurisdiction, either within the United States or abroad.
At Buffalo Grove Law Offices in Arlington Heights, Illinois, divorce lawyer Angela E. Peters helps clients protect their rights and interests in child custody proceedings that cross domestic or international borders.
Relocation With A Child
In state relocation — The party who has residential custody may move within the state with the child, as long as there is no valid agreement preventing that move. The other party can go to court to ask that his or her visitation schedule be modified because of the move, or that driving obligations be modified.
Out of state relocation — The court may grant permission, before or after judgment, to any party having custody (sole or residential custody) of any minor child or children to take (remove) such child or children from Illinois whenever such approval is in the best interest of such child or children. The burden of proving that such removal is in the best interests of such child or children is on the party seeking the removal. When such removal is permitted, the court may require the party removing such child or children from Illinois to give reasonable security guaranteeing the return of such children.
Temporary removal (e.g., removal for a vacation) — Before a minor child is temporarily removed from Illinois, the parent responsible for the removal shall inform the other parent, or the other parent’s attorney, of the address and phone number where the child may be reached during the period of temporary removal, and the date on which the child shall return to Illinois.
The state of Illinois retains jurisdiction when the minor child is absent from the state pursuant to Section 609 of the Illinois Marriage and Dissolution of Marriage Act.
This stands for the Uniform Child Custody Jurisdiction and Enforcement Act. The UCCJEA or its predecessor (UCCJA) is the law in all states, the District of Columbia and the Virgin Islands. The UCCJEA controls actions taken in interstate custody litigation. Child custody litigation presents special problems when the courts of more than one state become involved.
For parents who seek the return of their children when the other parent has removed the children from the United States, one of the biggest areas of frustration is that courts in many other countries do not take into account the prior decisions made by courts in the United States. A custody order in the U.S. can be meaningless outside of the U.S.
Each country is a sovereign nation. Sovereign nations cannot interfere with each other’s legal systems, courts or law enforcement.
Usually, every country only has jurisdiction within its own borders and over people who are present within its borders.
Although court orders from other countries may be recognized in the U.S. under the UCCJEA (above), this is rarely true in reverse. That means that U.S. court orders are not generally recognized in other countries.
Twenty-three nations agreed to draft a treaty about international parental child abduction at the Hague Conference on Private International Law in 1976. The idea was that the nations would work together to solve abduction cases. Between 1976 and 1980, the U.S. was a driving force in preparing and negotiating the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In 1988, the Convention came into force for the U.S.
Please visit the Family Law Articles page of this website to read the article, “Recognition and Enforcement of Foreign Divorce Decrees.”
Husband filed a petition for legal separation from his wife. She resided in Oklahoma with the parties’ two children. The trial court dismissed his petition. Husband appealed. On appeal, he claimed that the trial court erred in dismissing his petition. He argued that Illinois is the only court with jurisdiction under the Uniform Child-Custody Jurisdiction…Read More
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 a mother to move with the child to New York. It required that jurisdiction remains with the…Read More
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…Read More
The parties had been married in Iowa. They lived together until her wife moved to Illinois. Wife filed a Petition for Dissolution of Marriage in Illinois. Summons was issued to the husband. He was then a resident of the state of Georgia. He was personally served. The petition for dissolution requested that the court award…Read More
The husband’s brother-in-law received $575,000 of the sales proceeds of a marital business. This was during the time that Husband and Wife were getting divorced. The brother-in-law lived in California. The wife went to court. She asked to have the brother-in-law brought into court as part of the divorce case. The brother-in-law tried to have…Read More
The husband and wife were married in Illinois. They were divorced in Connecticut. The husband was ordered to pay child support and also to pay spousal support (maintenance) for four years. The maintenance was reviewable (longer than the four year period) if wife’s multiple sclerosis worsened. Parties later separately relocated to DuPage County. The husband…Read More