Legal Question in Family Law in Illinois

Unwarranted & frivolous motions

I have been divorced now for ten yrs. My husband and I have joint custody however I am the custodial parent. My ex-husband keeps filing motion after motion in attempts to become custodial parent without any justification on why the judge should reconsider her decision. I feel that the time I keep taking off work is draining and that this is a form of harassment. I already know that the reason he wants the title of custodial parent is to next file for child support from me because he does not work. I have lived the last 10 yrs of in and out of court appearing on motions filed by him as well as trial to determine who should have the kids 10 yrs later (grades 10 & 11 now). He just wont give up on becoming custodial parent but has no good reason on why he should be granted custodial rights. Can I file an injunction or motion for harassment? What can I do to stop the filing of frivolous motions?


Asked on 6/02/09, 8:54 pm

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

Re: Unwarranted & frivolous motions

You don't give me any indication of where you live but I can tell that most courts do not favor the imposition of sanctions. OTOH, the repeated filing of frivolous motions and using the courts for harassment is view dimly. Try filing a motion for sanctions against your ex the next time he does it and list for the court the dates and result of each prior motion which he has filed. You could ask the court to hold him in contempt or sanction him under Supreme Court Rule 137. You'd best have you facts in order when you do it however lest you be sanctioned.

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Answered on 6/09/09, 5:26 pm


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