Legal Question in Family Law in Illinois

Joint parenting agreement issue

When the children are on the weekend of the other parent but the other parent has the kids for a holiday during that time per the JPA, is the parent that has them supposed to get them to the other parent that is to have them for that day or is the parent that is to have them responsible to go get them? It is not clarified in our JPA. With that, if the parent that doesn't have them on that holiday but is in possession of them takes them 2 hrs away from thier home where they are usually picked up does the parent have to pick them up 2hrs away or is the parent that is in possession of them required to get them, at the very least, back at the normal place of residence where usual pick ups and drop offs occur? I am acting as pro-se and my ex's attroney is saying that if I wanted the kids that day, as I was to have them per the JPA, that I should have come and got them, but he was 2hrs away from the normal place of residence where I pick up and drop off.


Asked on 6/13/09, 4:22 pm

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

Re: Joint parenting agreement issue

Sounds to me like your ex's attorney is being cute. I'm sure that your JPA has a regular place for pickup and dropoff. Its usually a residence, police station or fast food restaurant. It the place is the child's residence then that is where you pick them up, holiday or not. If your ex takes them out of town, she is denying you visitation unless you ok'd it and told her that you would pick them up at the other location. She knows very well that you have visitation on Father's Day and taking the children 2 hours away to visit her father, while nice, doesn't relieve her of the responsibility to have the children at the regular place of pick up at the appointed time. Her attorney is trying to take advantage of the fact that you are not represented. Don't let him.

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Answered on 6/13/09, 5:39 pm


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