Legal Question in Family Law in Illinois

I have joint custody with my ex-husband. Our son lives with me and I am his primary resident. In our divorce/child custody/support agreement under summer vacation it says "RESERVED". But nowhere does it explain what that means. I have been all over the internet trying to find the answer with luck. He is giving me problems because our son does not want to go with him when it's not his weekend. I just need to know what RESERVED in this context means. Please? Any assistance would be greatly appreciated.


Asked on 7/21/14, 4:04 pm

2 Answers from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Unfortunately, it means that the two of you made no decision regarding summer vacation prior to the entry of your divorce and you did not ask the court to make the decision for you. As a result there is no agreement or order as to how the summer is to be handled or divided. When you agreed to joint custody, the two of you basically told the court that you could make decisions together in your son's best interests. It sound to me like you both are now allowing your son to make decisions rather than your working them out together. You do not say how old your son is so I don't know whether this is a good idea or not. If the two of you cannot resolve this, you need to submit the matter to a mediator and try and reach an agreement that way. Otherwise, you are headed back into to court and the court will impose a summer visitation schedule.

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Answered on 7/21/14, 4:17 pm
Jonathan Shimberg Shimberg and Crohn, P.C.

Reserved means that the parties and this the court did not decide the issue, that it was reserved to be determined at a later date either by agreement or by means of a court decision. If yo have joint custody, then it is an issue that you are required to mediate with your ex before you raise the issue in court.

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Answered on 7/21/14, 4:17 pm


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