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momofone12111

Junior Member
What is the name of your state (only U.S. law)? Illinois
I recently had a court hearing on custody and visitation. My atty was unable to be there and trusted opposing side to file paperwork for extension. Opposing side said never did such a thing, judge said too bad we are doing this now. Opposing side told judge they would file the petition the next morning. Still not done and I have no copy of the order. I also have a Plenary Order that the same judge removed the child from. Does the child have the right to say no to go, do I have a right to file an emergency protective order on the child's behalf when what is being done is all mental and emotional with discussions of removing him from the state? These visits are now unsupervised. The child is an 11 year old autistic boy.
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? Illinois
I recently had a court hearing on custody and visitation. My atty was unable to be there and trusted opposing side to file paperwork for extension. Opposing side said never did such a thing, judge said too bad we are doing this now. Opposing side told judge they would file the petition the next morning. Still not done and I have no copy of the order. I also have a Plenary Order that the same judge removed the child from. Does the child have the right to say no to go, do I have a right to file an emergency protective order on the child's behalf when what is being done is all mental and emotional with discussions of removing him from the state? These visits are now unsupervised. The child is an 11 year old autistic boy.
the child does not have the right to say no.

you have the right to file, but unless the child is in immediate danger, your request will not be granted.

what started the child to have supervised visits with the father in the first place?
 

momofone12111

Junior Member
what started the supervision

i had filed an eop because of getting punched in the ribs and him not allowing me to leave the house, unplugging the phone from the wall, following me in the car when i did get to leave. dad has a history of mental illness and was hospitalized shortly after the incident. the eop included our son. the following interim order the judge removed him and added supervised weekend visitation and phone calls. a month later, another interim order with same visitations but the judge added our son back onto the order, a month later, the plenary order came into play and the judge took him off again, except by this time my spouse had me served with a divorce summons. had the custody hearing a week after the plenary order. also there is a report at the states atty's office against my spouse for violation of protective order. have been harassed by his two sisters; the one he lives with and another from out of state wanting me to send him there. and the one from out of state is the one that the spouse has talked to the son about 3 times since all of this started about them going out there. the child has told him that it is against the order if they leave the state. spouses answer is i know but i'm asking anyway.
 

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