Legal Question in Juvenile Dependency in Illinois

I have a closed DCFS case. The dad of my oldest child and I are friends and wish to maybe one day be back together. He was found unfit and ordered to stay away from me and the kids per my attorney's request. If I could have spoke up I would have but the woman sitting next to me was stabbing me with her key to try and keep me from saying anything. Now I know if I had an order of protection if I violated it they would do nothing and the order would just be dropped but is it the same with an order to stay away? I know he has to be supervised at all times with my children but I could supervise if it weren't for this order. How do I get it dropped? My daughter misses her dad and in the past 2 weeks continues to ask to see him. Please... what can I do without dcfs stepping in and trying to take my kids from me?


Asked on 9/07/10, 1:15 pm

1 Answer from Attorneys
Alexandra Buzanis

Do not violate a court order. You can talk to your social worker first and/or your attorney who handled the case for you in court and the kid's attorney, normally a GAL. You would have to file to vacate the order or amend it. You can also hire a new attorney for yourself if you feel you need to. But do not violate a stay away, supervised visits only order. If you do you are both (ex and you) potentially at risk of a contempt finding and even an arrest and time. This order was entered to protect a child presumably after a hearing before a judge, however, orders can be amended if circumstances mandate it. Consult with your lawyer or an experienced IL juvenile justice/custody child protection lawyer. Best of luck too. Attorney Alex

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Answered on 9/16/10, 2:18 pm


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