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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88645
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am currently involved in post decree proceedings. My ex

Customer Question

I am currently involved in post decree proceedings. My ex has filed to modify the visitation order. I currenly live in Alabama and have resided here for 4 years. I received the notice on 11/29 for a trial date on 12/9. Does the Illinois court still have jurisdiction over me? If not, what should I do? If so, and I can't financially afford to come on such short notice, what should I do?
Submitted: 3 years ago via mylawyer.com.
Category: Family Law
Expert:  Ely replied 3 years ago.
Hello,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



May I ask what state you were divorced in and what state your ex filed in - is it the same court that handled the divorce? Does the ex and the child still live in that state?



Customer: replied 3 years ago.
I filed for divorce by publication in Illinois in 2004. Visitation order was later written by the current Judge without input from my ex. The current visitation order says he has to financially pay for the visit and it's to occur the first two weeks in June, last two weeks of July and one week at Christmas. Unfortunately, we have not agreed on a visitatin schedule since 2005. I was granted permission in 2005 to relocate with the children to Alabama. My ex still lives in Illinois and has filed to modify the visitation order requesting that it occur in Illinois.
Expert:  Ely replied 3 years ago.
And he filed in Illinois?
Customer: replied 3 years ago.
Yes he did.
Expert:  Ely replied 3 years ago.
If it is the same court, then the Court still holds jurisdiction. According to the Uniform Child Custody Jurisdiction Enforcement Act, as long as ONE party of the matter still lives in said state that rendered the original orders, that Court still has jurisdiction over you. Since he lives in the state, I am afraid that the Illinois court still has jurisdiction.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”








Customer: replied 3 years ago.
I'm confused. I thought that if the parent who relocates with the children, they can enroll their judgment in the state where they reside with the children. It's too expensive to keep going back and forth.
Expert:  Ely replied 3 years ago.
No, not quite. ONLY if all parties move out of the original state, then the party who has the child can move venue to the state where the child has lived for 6 months and the county where the child has lived for 90 days. OTHERWISE, the original court controls.The child support and visitation aspects CAN be registered in another state for enforcement purposes only, and IF they are, that new state arguably has jurisdiction as well, but since it has not been done so (I assume so because you have not told me) then the old state still has the superior jurisdiction.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”








Customer: replied 3 years ago.

Ok....can I enroll my order in the state in which I live for enforcement even if he has an action pending in Illinois?

 

Since I am not able to attend the 12/9 trial, is there a motion that I can file for a continuance?

 

And can you tell me what the statute is in Illinois that governs this action?

Expert:  Ely replied 3 years ago.
"Ok....can I enroll my order in the state in which I live for enforcement even if he has an action pending in Illinois?"Indeed, but make sure to tell the Court that there is a pending action for modification."Since I am not able to attend the 12/9 trial, is there a motion that I can file for a continuance?"Of course - a MOTION FOR CONTINUANCE which must be sent beforehand. Either ask for a hearing and attend it, or ask the clerk of the court to have the Judge consider it 'in camera' and render a verdict. Either way, the reason must be very good - 'inconvenient' is not enough.Which action are you referring to for the statute?
Customer: replied 3 years ago.

You referred to the Uniform Child Custody Jurisdiction Act. Also, what is the act in Illinois that governs divorce, custody, jurisdiction, etc. I remember seeing 750???? Thanks so much for your help.

Expert:  Ely replied 3 years ago.
Since this now involves two states, the Uniform Child Custody Jurisdiction Act applies. Illinois has incorporated the Uniform Child Custody Jurisdiction Act, so citing both would be redundant.For a very good breakdown of the act, see here:

http://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_And_Enforcement_ActSo if he could have filed in Alabama or Illinois, but now that he has filed in Illinois, it has superior jurisdiction.
In the Uniform Child Custody Jurisdiction Act, the actual law can be seen here:http://www.law.upenn.edu/bll/archives/ulc/fnact99/1990s/uccjea97.htmHowever, this encompasses several issues at once, so it would take me about an hour to gather the relevant subsections for citing.

Edited by Eli on 12/1/2010 at 7:52 PM EST
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88645
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
My saga continues. I contacted the clerk to the judge on my case (in Illinois) and attempted to obtain a fax number to send information to the judge. She told me to notify the attorney for the other side. As of yesterday, she has entered an order to modify visitation. Would it be best to continue enrolling my judgement in Alabama or should I file in Illinois?
Expert:  Ely replied 3 years ago.
I am sorry for your entanglement. First of all, whatever you send to the Court you need to send to the other side as well, certified mail, RRR. The Court is not allowed to review anything without the other side seeing it. Nor can the Judge talk to you without the other side being there. Finally, unless the clerk allows it, you have to submit paperwork to the Court via mail or hand, not fax.But yes, you need to continue your litigation in ILLINOIS as we have established together that the jurisdiction is still in that state.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”











Customer: replied 3 years ago.
Can't I modify the last order in Alabama? Or should I file a motion to reconsider?
Expert:  Ely replied 3 years ago.
I am afraid the jurisdiction is Illinois. You can ATTEMPT to do so, but you're likely to be unsuccessful since Alabama does not hold jurisdiction.
Customer: replied 3 years ago.
So would I file a motion to reconsider in Illinois? Or an appeal?
Expert:  Ely replied 3 years ago.
You say that your ex has filed something in Illinois - what was it, and is that what you are trying to counter, or has that already been adjudicated and this is something else?
Customer: replied 3 years ago.
He filed a motion to modify the current visitation order. His motion was to have visitation occur in Illinois. Since I did not appear the judge ordered it as allowed. I don't know the details. But if it was ordered to occur only in Illinois, how do I counter that?
Expert:  Ely replied 3 years ago.
Okay, I understand. Yes, the jurisdiction is in Illinois. You cannot counter it - the jurisdiction will stay there for now, I am afraid.
Customer: replied 3 years ago.
I know the jurisdiction will stay there. Can I file a motion to reconsider on the order that was entered or appeal it?
Expert:  Ely replied 3 years ago.
Oh, sure - absolutely. Forgive me, I misunderstood. You may, but must do so in 30 days after judgment.

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