How can i stop ex from moving to california?

[CJane]

Unlawful Visitation Interference

Illinois law provides several means for divorced parents (and parents who were never married) to enforce their rights regarding visitation. The law applies to both the non-custodial parent who may be denied visitation and the custodial parent who may have to deal with a former spouse who refuses to drop the children off timely or who endangers the children during visitation periods. In cases where the parents enjoy joint custody, however, the application of the law is different than in cases where one parent has been awarded sole custody.1

Where court-ordered visitation is withheld or denied, Illinois law provides for both civil and criminal prosecution for visitation interference. In other words, a parent who detains or conceals a child in an effort to thwart court-ordered visitation may be punished by the family law court judge or prosecuted by the State's Attorney in a criminal trial. It is possible for a trouble-making parent to be punished by the family law court and also criminally prosecuted for visitation interference.2 This is the only instance we know of in American law where a defendant can be subjected to double-jeopardy – seemingly in violation of the U.S. Constitution. If you decide to go back to (or are taken to) the family law court, work with an experienced and knowledgeable attorney. If, however, you decide to go to criminal court, as a complaining witness you'll work with the State's Attorney – as a defendant, you should hire your own defense attorney (call our office).

Civil remedies in family law court typically result in a modification of the parenting schedule (more time or "make-up time" with the kids for the injured parent and less time for the offending parent, the shifting of a holiday, etc.). Family law judges, however, have sent obstreperous visitation violators to jail – like the mother was sentenced to 180 days in jail merely for thwarting a weekend visit between the father and the children. 3

Under the criminal law,4 visitation interference is a "petty offence" (like a traffic ticket) for the first two violations. After that, however, the stakes are raised and the charge becomes a Class A misdemeanor which means punishment may be in the form of imprisonment for up to one year or a fine of up to $2,500.

http://www.illinoisdivorce.com/family_law_articles/visitation_laws.php

Good girl.

Now, please note that Mom has SOLE CUSTODY in this case. That Dad DOES know where the children are, that he DOES have access to the children, that there IS a pending court case w/a GAL involved, and that there's a status conference before the court coming up.

Visitation is NOT being 'thwarted' and Mom has been given permission to move the children out of state.

What you posted does not and will not apply in this case and it would be best of OP wasn't lead to believe that it will or can.

 

[JAMIN]

The mother has temporary permission to move to Missouri, not California. Therefore if she goes to California she is disobeying the court order. Therefore if Mom does move then Father no longer has access to the children. This will apply to OP if Mom does in fact move to California with the children and 1. Doesn't have permission by the Father or the court. 2. The father doesn't know where the Mom is residing while in California.

 

[LdiJ]

The mother has temporary permission to move to Missouri, not California. Therefore if she goes to California she is disobeying the court order. Therefore if Mom does move then Father no longer has access to the children. This will apply to OP if Mom does in fact move to California with the children and 1. Doesn't have permission by the Father or the court. 2. The father doesn't know where the Mom is residing while in California.

She has NOT moved to CA. Therefore she has not disobeyed any orders.

 

[CJane]

She has NOT moved to CA. Therefore she has not disobeyed any orders.

You wouldn't think it'd be that hard to understand.

OP ~ Did you call CPS? I left you the hotline number in the thread where you stated that you REALLY feared for the safety of your children. Are you following up?

 

[bcbk93]

called

Yes i did call CPS, And unless i have some physical proof of my son being harmed,there is nothing they will do, and when i had dropped my kids off to thier mother after this weekends visitation i got to hear this from her."you have temporary visitation right now,if you dont pay the child support,you wont have any more". I never said anything about NOT paying,I was unfortunatly laid-off recently and my car is in disrepair,and i am fervently looking for employment,and i dont think robbing the kids of seeing me is going to help them or me Im sorry cjane, I didnt mean to confuse people, and i have been taking your advice,

 

[TinkerBelleLuvr]

Illinois law does not see visitation as an exchange for child support or visa versa. The court can hold the non-custodial parent in contempt for not paying child support even if visitation is being refused; the court can hold the custodial parent in contempt for not letting the other parent visit even if child support has not been paid.