Legal Question in Family Law in Illinois

Can you ask for a motion to be set aside due to failure to prosecute and ask for indirect civil contempt at the same time?

My ex has kept me in court to get visitation, for 2 yrs (he lives 2000 mi away). I have now given him 2 different trial visits . Both times with 3-4 months notice to obtain airline tickets. Both times he has not gotten the tickets for the visits. The 2nd visit was dates that HE SPECIFICALLY ASKED FOR. This is getting ridiculious! I don't think my son (Age 13) can take much more of his fathers mental trickery. The court just wants me to keep trying...???

I do have an attorney. He is very mellow and keeps telling me I need to be patient and work this out. I am finished being mellow, I feel like a Pit Bull that has been cornered in wanting this to end.


Asked on 3/15/10, 9:21 am

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

Hi. I don't think an action for contemt is appropriate, but you could ask for attorneys' fees and costs to participate in these hearings. Also, it sounds like you might want to seek out a more aggresive attorney.

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Answered on 3/20/10, 10:06 am


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