Legal Question in Family Law in Illinois

Re: Visitation abuse

Sole custody affords you greater rights in your child, but (absent serious endangerment of the child) termination or severe restriction of visitation is definitely not one of those rights. Consider: Section 6-7 of the Illinois Marriage and Dissolution of Marriage Act provides in part that: �The court may modify an order granting or denying visitation rights of a parent whenever modification would serve the best interest of the child; but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger seriously the child's physical, mental, moral or emotional health.� You do not have greater authority on visitation matters than the court.

Moreover, should you decide to restrict visitation without going to court first, you face the prospect of having your ex charge you with visitation abuse or contempt of court. �Visitation abuse� is provided for under Section 607.1 of the IMDMA. �The circuit court shall provide an expedited procedure for enforcement of court ordered visitation in cases of visitation abuse. Visitation abuse occurs when a party has willfully and without justification: (1) denied another party visitation as set forth by the court; or (2) exercised his or her visitation rights in a manner that is harmful to the child or child's custodian.�

As you can see, subsection (1) above would apply to you if you were to cut off or severely restrict visitation. Subsection (2), however, would apply to your ex�s conduct (although I am not prepared to say his last-minute visitation without notice is �harmful�, it certainly is problematic) (it is harmful when he keeps your daughter for days past the return time without notice to you, seems �harmful�). [On this last point of his conduct, you might also consider filing a rule to show cause for comtempt of court.]

I advise filing a Petition to Modify Visitation, wherein you request a more realistic schedule (in light of the fact he doesn�t exercise visitation but 1/3 of the time), provisions for reasonable notice, and provisions for you to be able to contact your daughter by phone (or otherwise) at least once per day when she is away from you (this might help you find her when she is held past her return time).

With regard to the fact that he doesn�t return your daughter on time, this is simply wrong. You can seek help on this from a court, and for that, you should talk to a lawyer. With regard to occasions when your daughter is held over for days without notice to and approval from you, you might try calling the police next time.

Re: Visitation abuse

Yes, you can file a motion to modify the visitation order requiring notice before he is to pick up the children.

He can also be held in contempt of court for not returning the child on time. That also requires the filing of a motion.

The motions are technical, so if you have any doubts, you should contact an attorney to assist you.

Good Luck!