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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32413
Experience:  JD, 17 years legal experience including family law
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My ex-husband is in violation of our custody/divorce agreement.

Customer Question

My ex-husband is in violation of our custody/divorce agreement. What is my next step in Cook County, Illinois?

Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

How is your ex-husband violating the court's order?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

He is in violation of the Right of First refusal stipulation. Our agreement stipulates that if our child is to be under the care of any other adult for more than 4 hours, then the other parent must be contacted as per Right of First Refusal.


 


My ex-husband has violated this clause and regularly left my daughter in the care of his live in partner for over 8 hours.

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying the situation for me, Malynne.

The first step would typically involve documenting the incidents and bringing them to your ex's attention. It is usually best to put such communications in writing, either by e-mail or certified mail, so you have proof you have notified your ex that he is violating the court's order and provided him with a reasonable opportunity to rectify the situation before filing a motion with the court.

If he continues to violate the court's order, then you would typically want to file a petition for order to show cause with the court, requesting that the court hold your ex in contempt and even jail him until he complies with the court's order.

Here is a link to a form and instructions to file the petition:

http://www.illinoislegalaid.org/uploads/002093Petition%20for%20Rule%20to%20Show%20Cause%20and%20Instructions%20fillable3.pdf

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Family Law
Satisfied Customers: 32413
Experience: JD, 17 years legal experience including family law
Tina and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX much for your response.


 


I am just wondering what constitutes "documentation." I have my daughter's testimony and his own admission (both verbal).


 


Thank you,


Malynne.

Expert:  Tina replied 1 year ago.
You are very welcome, Malynne.

Documentation typically involves keeping a journal of the instances so you can use the journal to recall the details of each instance for the court, which makes your testimony more credible. Witness testimony is helpful as well, but you should make an attempt to resolve the situation with your ex through written communication as well.
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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