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What Can I Do If My Ex Violates Our Illinois Parenting Agreement?

Posted on in Child Custody

Wheaton child custody attorneysDuring the divorce process, one of the most important items for both parents to agree to is a parenting plan that addresses parenting time and parental responsibilities. This agreement may come about through negotiation, mediation, or other collaborative methods between you and your spouse, or it may come in the form of a court ruling issued by a judge, but in either case the terms are legally binding. In the months and years following your divorce, if you find that your ex is failing or refusing to honor the agreement, you may need to pursue the legal enforcement of your divorce order.

Common Parenting Plan Violations in Illinois

Parenting plan breaches may arise out of carelessness, hostility, a change in the relationship between you and your ex, or resentment surrounding the initial terms of the agreement. Some of the most common violations include:

  • Refusing to allow the children to spend their allocated time with the other parent
  • Frequent lateness when transporting the children to the other parent
  • Attempted interruptions of the other parent’s allocated time
  • Refusing to care for the children during one’s allocated time
  • Relocating with the child without obtaining necessary permission under Illinois law

If your ex is engaging in any of these behaviors, you should first attempt to resolve the dispute on your own, provided that doing so does not put you or your children in danger. If the behavior continues, your next step is to file a petition for enforcement with the court.

Penalties for Parenting Time Violations in Illinois

In order for your petition to succeed, you need to identify the specific terms of the parenting agreement that the other parent violated, and provide evidence of the actions that constitute violations. If the court finds in your favor, your ex can face a variety of penalties and consequences, including:

  • The addition of new terms and conditions to the parenting plan
  • Required attendance of counseling or a parental education program
  • Posting of a cash bond to ensure compliance
  • Makeup parenting time for the petitioning parent and reimbursement for expenses, including attorney fees and court costs
  • A ruling of contempt of court, potentially resulting in fines, probation, driver’s license suspension, and imprisonment

Contact a DuPage County Divorce Lawyer Today

When legal action is the best option for enforcing your parenting agreement, the attorneys at Davi Law Group, LLC can assist with experienced legal counsel and representation. We will help you initiate the process of filing a petition and gather evidence supporting your claim. Contact a Wheaton divorce attorney today to request a free consultation at 630-824-3474. 

 

Source:

https://ilga.gov/legislation/ilcs/documents/075000050K607.5.htm

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