Legal Question in Family Law in Illinois

Two related issues:

1. Have Divorce Decree w/ Parenting Agreement & visitation (Oct 2005)

Recently obtained Change in Custody Order (May 2010) switching custodial parent of 7 yr old

No reference to original orders in latest court order.

Is a new Parenting Agreement and/ or Visitation Agreement required ? Do the original orders remain effective?

Obviously roles in the original orders have been reversed. Ex refuses to abide by original agreements or revise in court establishing new agreements. Would like to mitigate conflict.

2. Can Ex (non-custodial parent) take child out of state for vacation? Is permission from custodial parent required? Is there a method to ensure the safe/timely return of the child? what are the normal protocols? i.e. proof of paid RT transportation & accommodations.

Thank you


Asked on 12/01/10, 9:30 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

1 - the roles are reversed only if the order says so. Otherwise one has to obtain a court order setting forth the respective rights, It would seem that an agreement is unlikely, so a motion to set visitation would be necessary,

2- he does not need permission to go out of state on vacation, unless it is out of the country.

normal protocols are not relevant as the parties appear to not be able to communicate. If he is going out of state, should provide an itinerary

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Answered on 12/07/10, 10:08 am


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