Legal Question in Family Law in Illinois

Re: Legal Rights

Your sister has the right to visitation with her children, unless and except a court finds there is a significant risk of harm to the children.

Your ex�s wife has no right to withhold visitation. Courts provide an expedited procedure for enforcement of court ordered visitation in cases of visitation abuse. Visitation abuse occurs when a party has willfully and without justification: (1) denied another party visitation as set forth by the court; or (2) exercised his or her visitation rights in a manner that is harmful to the child or child's custodian.

An action for enforcement of visitation may be commenced by filing a petition setting forth: (i) the petitioner's name, residence address or mailing address, and telephone number; (ii) respondent's name and place of residence, place of employment, or mailing address; (iii) the nature of the visitation abuse, giving dates and other relevant information; (iv) that a reasonable attempt was made to resolve the dispute; and (v) the relief sought. Notice of the filing of the petitions shall be given as provided by law.

After hearing all of the evidence, the court may order modification of visitation, supervised visitation, make up visitation, counseling or mediation, or other appropriate relief, Attorney fees and court costs shall be assessed against a party if the court finds that the enforcement action is vexatious and constitutes harassment.

You may also bring an action for contempt of court.

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