Legal Question in Family Law in Illinois
3 months ago I moved from Illinois to Virginia with my son whom I have custody of under a temporary order. I have written permission from his father, my soon-to-be-ex, to remove him from the state. Last month there was a 'rule to show just cause' ordered by the judge in our divorce. I need to appear before him next week (I only found out about this a week ago). My question is, do I need to MOVE back to Illinois by the court date? Or return to the state only long enough to see the judge then move back if he orders me to?
2 Answer from Attorneys
Unanswerable. Your written permission should have been a court order. You do not have the right to remove the child without a court order now that the case pends in Illinois. Without knowing the basis for the rule, no further answer can be given.