1) Unfortunately, a minor child cannot decide whether or not to follow custody orders. This is for the Court to do. So simply because the child does not wish to go does not mean that she cannot pick him up, if it is her custody time;
2) The way to stop him from going is to file in court
for a modification of custody, and as part of this, to request that you retain temporary custody while the matter is being heard.
3) The child's preference will be taken as a factor in the Court's decision, although it is not controlling of the situation. The Court shall make a decision on custody based on the following factors:
(A) the wishes of the child’s parent or parents as to his custody;
(B) the wishes of the child as to his custodian;
(C) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child’s best interest;
(D) the child’s adjustment to his home, school and community;
(E) the mental and physical health of all individuals involved;
(F) the physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person;
(G) the occurrence of ongoing or repeated abuse, whether directed against the child or directed against another person; and
(H) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 602, 603 and 610)
4) Because time is of the essence, it may be possible to get an ex parte
order for custody:
a) The petition to modify custody is filed
b) with the petition, the filing party includes a motion for an ex parte (emergency) order that is heard on day of filing before other party (the mother) is even served
c) if the court finds that there is good cause (and it sounds like there may be here), it can order that emergency custody may go to the father (who can then have the grandparents hold on to the child for the time needed until he can get the child)
d) the other party is served with the petition/order and
e) the matter is reheard again once they have a chance to respond and the court may uphold, drop, or modify the ex-parte order, and then
f) final trial hearing is held down the line a few months later unless the parents come to an agreement.
5) If the father cannot make it to Court, his attorney can attempt to ask the court for him to appear via telephonic hearing via Motion for Telephonic Hearing
(at the court's discretion).
May I recommend the Illinois Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
I hope this helps and clarifies. Best of luck.
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