Legal Question in Family Law in Illinois

What are elements to a malpractice claim?

Mother was removed from home and an Order of Protection was filed against her to expire in October of '09. Divorce was final in January of ''09. Mother filed motion against father for failing to allow mother visitation. Father is following Order of Protection. Order of Protection was not addressed or modified and divorce judgement was signed off on. Father called attorney after divorce and told him that he wants Order renewed come October. Attorney agreed and said to call 2 months before expiration. Question... Should Order of Protection been modified and addressed before Divorce was agreed upon? Article X last paragraph in divorce papers says that Order of Protection is and will be in effect.


Asked on 5/29/09, 12:08 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Re: What are elements to a malpractice claim?

You have not alleged anything that even comes close to malpractice. Nor, have you alleged anything which is even remotely unprofessional or unethical. Furthermore, your divorce decree in Article X says that the OOP is continued beyond the entry of the divorce to whatever the previously ordered termination date was/is. If you know that Father is going to ask for an extension of the OOP in October, then you should look for an attorney to represent you with a view to having the extension denied.

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Answered on 5/29/09, 1:18 pm


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