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Appellate Court remands a portion of a case

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microbes

Member
What is the name of your state (only U.S. law)? IL
The appellate court came back remanding a portion of a case regarding visitation but affirms custody ruling by the trial court. I was the appellee in the case. Do I just wait for the appellant to file a motion to address the visitation issues found by the appellate court.

Decree states I, the custodial parent have sole discretion on when to increase visitations from the restricted 8 hours once a week to the standard visitation. I fixed this issue voluntarily outside of court. I have increased the visitation to standard F-S every other week visits as early as July when the ruling was made in June. I have allowed for holiday visits and towards the end of summer while I initiated the standard visitations, I allowed for extended week visits. I have given her mother's day and birthday visitations as well. I can see how the verbage in the judgement can be problematic but it was one that I took seriously and acted upon responsibly. I personally would rather have something definitive so there will are no issues in the future. We once had a mediator address visitations issues.

I have offered to file an agreed order to make the standard visitations official but knowing her, she's gonna find a way to make this process expensive and difficult for me. What can I do at this point if she refuses the agreed order, can I file the motion or shoudl I wait for her to move the court?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? IL
The appellate court came back remanding a portion of a case regarding visitation but affirms custody ruling by the trial court. I was the appellee in the case. Do I just wait for the appellant to file a motion to address the visitation issues found by the appellate court.

Decree states I, the custodial parent have sole discretion on when to increase visitations from the restricted 8 hours once a week to the standard visitation. I fixed this issue voluntarily outside of court. I have increased the visitation to standard F-S every other week visits as early as July when the ruling was made in June. I have allowed for holiday visits and towards the end of summer while I initiated the standard visitations, I allowed for extended week visits. I have given her mother's day and birthday visitations as well. I can see how the verbage in the judgement can be problematic but it was one that I took seriously and acted upon responsibly. I personally would rather have something definitive so there will are no issues in the future. We once had a mediator address visitations issues.

I have offered to file an agreed order to make the standard visitations official but knowing her, she's gonna find a way to make this process expensive and difficult for me. What can I do at this point if she refuses the agreed order, can I file the motion or shoudl I wait for her to move the court?
When was it remanded by the Appeals Court? The Trial Court should AUTOMATICALLY set a hearing to deal with the errors that were remanded by the Appeals Court. The Appeals Court ruling acts as an ORDER upon the Trial Court to deal with the issues.

What were the errors discovered by the Appeals Court? What was the HOLDING in the Appeals Court case?
 

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