Legal Question in Family Law in Illinois
I have sole custody of my daughter (7 years old) and her mother is planing to take her to Mexico for her Christmas vacation returning late on December 23. According to the Judgment I am to have my daughter at 9am on December 24. I have just received the information from the mother stating where they will be staying and the flight numbers. We had gone through the courts this past summer regarding summer vacation and a similar trip out of the States.
I think this is a great opportunity for my daughter, However I feel unsure about this trip as the mother is from Mexico, and at this time we do not have a outlined court order.
So my Questions are:
1.Should this be taken to the courts to be defined? or can I simply ask the mother for a notarized letter outlining this trip, similar to the order we had this past summer?
2. What can I do if my daughter is not home on the 24, due to weather delay? This is a major holiday for my family not MLK or something like that.
Thank You in advance for your help.
1 Answer from Attorneys
The two of you could draft an "Agreed Order" along the lines of the one you had during the summer and both of you sign it. You can then take it to the Judge and have him enter it. As long as it is "Agreed" it should be easy enough to get entered even if you don't have a court date. Since neither of you is represented by counsel (I assume) you both will likely have to appear in court. This will also protect your ex against charges that she has abducted the child. As for weather delays, there is nothing you can do about a late return when it is beyond the control of your ex.
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