Legal Question in Family Law in Illinois
My wife has sole custody of my 11 year old daughter and I have visitation every other weekend. This past weekend (Father's Day) was not my weekend, but I arranged to pick up my daughter, who lives an hour away one way, in the morning on Saturday and my ex would pick her up Sunday in the afternoon. So, I get to my ex's house Saturday morning after driving an hour and my ex opens the door and says my daughter is not coming because she has a stomach ache. I thought she should come regardless of a stomach ache; you might stay home from school because of a stomach ache but you can go with your dad. My ex said "well I can't make her go with you" and I said "actually you can" and my ex proceeded to slam the door in my face. Needless to say, I didn't see my daughter on Father's Day even though in our divorce papers it says I can. I know my ex and honestly feel the "stomach ache" was not really in existence and my ex created the whole situation just to piss me off. Things like this happen all the time and I don't know if there is even anything I can do. I wasted 2 hours of my day driving and didn't even get to see my daughter. Would I have been within my legal rights to pick her up and carry her out of the house, stomach ache or no stomach ache?
1 Answer from Attorneys
Technically, you would probably be within your "rights". However, to do so would have required you to unlawfully enter your ex-wife's house (trespass) push past your wife (assault or battery depending on how done) and hoist your daughter over your shoulder (battery or insulting touching) and so forth. I think you get the idea. What you should have done was file a police report with the local police and then file a Rule to Show Cause in the same jurisdiction that heard your divorce and entered the judgment granting you certain visitation rights. Its also possible that your daughter is starting to get her periods and the "stomach ache" is actually menstrual cramps and your ex-wife and daughter didn't want to discuss it with you.
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