My Ex Will Not Follow Custody Rules
Custody Order Violations in Illinois
In Illinois, a custody order violation is also known as an ‘unlawful visitation interference’ and it is both a criminal and civil offense. The first few offenses are fined, but if a spouse continues to violate custody orders, it can turn into a class A misdemeanor, which can also include a possible jail sentence.
If your spouse is guilty of custody violations, you can go to family court to prove they are willingly violating the order. This often results in changes in parental schedules and the judge may also award a make-up time. Serious custody regulation offenses carry heavy fines and jail time as well. In any case, the court will make sure these orders are enforced.
What the Court Considers
According to Illinois law, the main determinant when it comes to dealing with parenting time and responsibility are the best interests of the children or the child involved. If parents do not follow set parenting plans or agreements, the court can hold them responsible for neglecting their children. The courts in the state are quite strict in this regard so it is always best to ensure the rights and obligations of both parents and the children are met.
If either parent does not follow custody rules, they may be asked to attend a parental education program at the expense of the non-compliant parent. In cases involving domestic violence, this can also include individual counseling, or the non-compliant parent may be found in contempt of court.
The non-compliant parent may also have to reimburse the compliant parent for expenses incurred because of the violation and may also face civil fines as well. In fact, they may also have to pay court costs and attorney fees for the latter in some cases. However, this can backfire – especially if the court finds the charges brought against the non-compliant parent are frivolous. In that case, the other parent may have to pay those costs.
If you are looking for a divorce attorney in Schaumburg, IL, get in touch with the attorneys at the Law Office of Fedor Kozlov, P.C. today. We work closely with our clients every step of the way and will ensure you get the reimbursement you deserve during such cases. Get in touch with us for a consultation today.