Legal Question in Family Law in Illinois
How obtainable is it to get permission from the court to send my son to boarding school? What similar cases can I reference?
I'm divorced, I have full custody of my eight-year-old son, the father has visitation rights (Every other weekend and occasional holidays). After extensive research, I'm certain boarding school will be in my child's best interest, academically, as well as, emotionally. His father is in disagreement
A few notes:
-The school is in the UK
-Should I need to, I'm willing to pay for school tuition and related expenses in full
-The boarding school will directly interfere with his father's every other weekend visitation
Questions:
-First, how likely will I be granted permission to allow my son to attend the boarding school and alter the father's visitation according to the school schedule?
-Second, what can I expect the process to be? How long will it take?
-Third, are there any historical, similar cases I can reference?
1 Answer from Attorneys
It is highly unlikely that a court will allow you to sen your child out of the country for school without your spouse's consent. You would have to establish that no such similar educational experience is available to the child in this country. Assuming you could establish that to the satisfaction of the court, what visitation could you propose that would allow father to maintain his relationship with the child. I am unaware of any cases dealing with the issue of a custodial parent sending a child out of state or out of country. I would treat it as a removal case, Look at the standards set forth in IRMO Eckert.
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