Legal Question in Family Law in Illinois

My ex has filed 12 Emergency Orders of Protection against me in the past 24 months, 20 in the past 4 years. ALL have been denied/vacated/terminated once they are heard, but she uses them to take away visitation with my son. The judge refuses to sanction her or even award make-up visitation for the lost time - for example, I just missed my 2nd Christmas break with my son in the last 3 years.

I had an attorney for 18 months, and we have her convicted on 8 counts of indirect criminal contempt of court (she also refused to follow court orders). But she still won't stop gaming the Illinois system!

What can be done to stop her? How can I get out of the judge's court and take my chances on a new judge?


Asked on 1/09/12, 4:20 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Hello. In my opinion, you should seek a change of custody. Clearly, your ex is not acting in the best interest of your child. In Illinois, interference with court ordered visitation is a crime. I suggests that you take immediate action. As to a substitution of the judge, in Illinois, once a judge has heard substantive issues in a case, there is no substitution of the judge as of right. It will be necessary for you to file a motion for substitution of the judge for cause. In other words, you will have to show that the judge has acted in a way which shows that he or she is partial to your ex. There are other arguments that you may be able to raise in support of a substitution for cause, but one of the most common is the argument that the judge failed to display impartiality during the proceedings. This is an issue that you should carefully discuss with your present attorney. I hope my comments have been helpful.

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Answered on 1/31/12, 7:50 pm


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