Legal Question in Family Law in Illinois

Court ordered Visitation
My husband and I moved to FL from IL in Aug. 06. He and his Ex have Joint custody of their daughter. We did get permission to remove the child from jurisdiction, with his ex having scheduled visitation. While we've been gone, we learned of her getting DUI number 5 and actually serving 45 days in jail. We've sent my step daughter to visit per the schedule (2 weeks was the longest so far), but for summer she's supposed to be w/her mom for 2 months. My husband DOES NOT want to send her that long for obvious safety reasons--he is willing to send her, but only for 3 weeks. What could happen since technically he's violating the court order?

Asked on 5/24/07, 9:05 am

2 Answers from Attorneys

Peter Olson The Olson Law Firm, LLC

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Re: Court ordered Visitation

Well, like anytime a person is violating a court's order, the father can be held in contempt of court. What remedy might a court impose? It could be anything...give the mother more visitation, make her the residential parent, do nothing. It's a very judge-specific issue. Just on this shortening of summer visitation issue, my thought is if the mother returns the daughter after only three weeks, how has the father violated the order? The mother is choosing to shorten the visitation. Am I missing something? Especially in these out-of-state visitation matters, if the mother wants her two months she should not return the daughter. If she's willing to accept the lessened visitation then I don't see the violation by the father...I see the mother and father agreeing to modify the scheduled visitation.

Answered on 5/24/07, 9:22 am

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