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Should I file a Petition for Rule to Show cause in Illinois?
Anonymous3 views3 answers
I have a specific order for visitation with time and place. For the past 2 weeks the mother has kept my child away. The first week she said "they are going out of town" and this past week she just wouldn't open the door. I don't want to call the police and have an officer sent to the home because of my child, but I want my order enforced.
you do not tell us how old your child is, what was the visit program before two weeks ago, or how you were getting along with the mom. whether it is a divorce or a parentage case is not important.
your child deserves time with you. i disagree that you need to mediate a breach of the agreement. however, if the agreement says you must mediate breaches, then do so.
write her. ask her why your child is being deprived of time with dad. always address it from the perspective of the child. tell her how disappointed the child must be and you also. ask when the child can have make up time with dad.
if she ignores you or gives you a runaround, then get to a lawyer. do a petition in two parts. one part is for visitation abuse pursuant to 750 ilcs 5/607.1 and the other part is for contempt pursuant to 750 ilcs 5/511 and in re the marriage of betts.
the longer she puts you off and you do nothing, the longer your child goes without seeing dad.
You did not state whether your case is a divorce case or a paternity action. Either way, you should avoid setting up an environment of hostility. Granted, your child's mother has been wrong, but it is premature to start looking for a finding of contempt of court. If you are able to speak with the mother outside the presence of your child and express your concerns, this would be ideal. In the alternative, there is probably a provision for mediation where the two of you can air your feelings and attempt to work out a solution. You will not be able to get specific advice here that will happy to all the facts of your case as we do not have those facts. Please consult with an experienced family practitioner who will be able to provide you guidance and perhaps other options. Litigation should be your last choice.
I am sorryt that you are going through this. As my collegue so eloquently stated the children are the most important thing in your world right now and you should look to resovle this in the light most favorable to protecting their emotions and their growth. First look towards your agreement and see what it allows, if there is a clause to mediate then mediate, if not, then I would suggest you file a complaint for contempt with the hope that once she sees it she complies. Take care and hope that things get better, above all else and no matter what happens you are blessed with a beatiful child, that is somethign to be very thankful for. Take care.
