Legal Question in Family Law in Illinois

My ex is asking me to go to mediation to work out some issues that he feels I am being inflexible on. I do not believe I am in violation of our JPA, but he thinks that the decree should not govern what is in the best interest of the children and therefore we should agree to ignore it on the points he doesn't agree with. For example: 1. visitation schedule - he schedules things with the boys beyond his parenting time and then tells me that I should allow them to stay with him since it is what the boys want (I am trying to maintain a reasonable bedtime routine). 2. My ability to make minor, day-to-day decisions on my own - today it is where I get their flu shots administered - he feels he is entitled to help decide where I take them and then to join us during my parenting time). I feel that if we don't agree, then we should go back to the decree. Am I jeopardizing my residential custody if I decline to go to mediation for things that are well within my rights to do in the JPA?


Asked on 9/17/09, 1:19 pm

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

It sounds like your ex is using the JPA to harass and attempt to control you. OTOH if disputes are to be submitted to mediation per the JPA he may have you if you refuse to go. However, he has no right to schedule things for the boys during your time unless you consent. He's trying to turn you into the bad guy. This also is something which you can address in mediation. If that doesn't work, you may have to take him back into court for the court to explain it to him.

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Answered on 9/22/09, 6:36 pm


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