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?


Asked on 1/19/12, 4:56 pm

2 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

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.

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Answered on 1/24/12, 6:57 am


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