CdwJava said:
Well, unless the police and courts in IL or a lot different than here, I can only say that these areas get so muddy that you should not expect the police to act while AT the scene.
The general response is to write up the crime report and forward it to the DA and let them handle it criminally.
Because, if you are looking at it from the angle of the best interests of the child, is it better for the police to haul the offending parent off to jail and then grab the child? Or, better to try and keep it civil and then write it up?
Personally, I am not going to traumatize a child that way unless I have to. And unless I have a clear court order compeling me to remove the child, the child would remain. The way our orders work in CA I would likely have to arrest the party that is out of compliance to enforce the order, and even that might not compel placement of the child with the party trying to enforce visitation. In my county it would almost certainly necessitate me placing the child with CPS.
This is NOT in the interest of the child.
Talk to your local District Attorney - or your/his personal attorney handling the matter, and see what they suggest. But, do not expect the police to go yanking kids from their homes.
The police are stuck in the middle of these tug-o-wars every week ... and it can be a huge mess of dueling orders, claims and counter claims. For the most part, we refer it back to the DA and the courts to let them sort it out. If someone is in violation, they will issue an arrest warrant and we will arrest them. And that HAS happened. But, don't expect the cops to FORCE the issue at the scene. They might try to convince and cajole, but forcing the matter is not too likely.
But, this experience is from CA, your state's law may be different.
- Carl
No. I would never expect an officer to arrest the mother in front of the child and release the child to us. I want the child just as I do want our (the ex husband and I's) 1 yr old daughter growing up know that offivers of the law are "good people" and are there for help if needed. However again, I so expect her to let us exercise our visitation rights. What would we need to do in order to hold her contempt of court? Is this something that we can do on our own at the court house or do we need an attorney. Also, in speaking toour attorney he told me about the THE ILLINOIS UNLAWFUL VISITATION INTERFERENCE CRIMINAL LAW
720 ILCS 5/10-5.5
My experience has been that most law enforcement officers are not familiar with the criminal unlawful visitation interference law. When presented with a copy of the statute by a complaining parent, they take swift and decisive action. If you've been having problems enforcing the terms of your visitation agreement, try downloading the test of the statute and show it to the officer who responds to your next complaint of visitation interference. Here it is:
720 ILCS 5/10-5.5
§ 10-5.5 Unlawful visitation interference
(a) As used in this Section, the terms "child", "detain", and "lawful custodian" shall have the meanings ascribed to them in Section 10-5 of this Code.
(b) Every person who, in violation of the visitation provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation shall be guilty of unlawful visitation interference.
(c) A person committing unlawful visitation interference is guilty of a petty offense. However, any person violating this Section after 2 prior convictions of unlawful visitation interference is guilty of a Class A misdemeanor.
(d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.
(e) The notice shall:
(1) be in writing;
(2) state the name of the person and his address, if known;
(3) set forth the nature of the offense;
(4) be signed by the officer issuing the notice; and
(5) request to the person to appear before a court at a certain time and place.
(f) Upon failure of the person to appear, a summons or warrant of arrest may be issued
This may not be in your state, but how do you think this would hold up in Illinois? Thanks for everything! Michelle