The Hague Convention on Civil Aspects of Child Custody provides for an expeditious return of children wrongfully taken from their habitual residence. This article discusses the seventh circuit's recent efforts to reconcile different interpretations of the Convention.
In a wardship proceeding, a parent's continuing custody of a child is on the line. The temporary custody proceeding is especially critical and offers little-known opportunities for lawyers who represent parents.
The way courts use appointed GALs and child reps varies dramatically across the state. A committee of the ISBA Family Law Section Council hopes to bring more uniformity to the system.
On December 23, 2014, the Fifth District Appellate Court held that Illinois law applies to custody proceedings when Illinois is the child's home state under the Uniform Child-Custody Jurisdiction Enforcement Act, 750 ILCS 36/101 et seq. ("UCCJEA")
A proposed 300-page overhaul of Illinois' decades-old marriage and divorce act remains alive in the legislature and continues to evolve in response to stakeholders' concerns.
Newly added section 602.3 of the Illinois Marriage and Dissolution of Marriage Act provides that if a court determines joint custody or visitation rights to be the best arrangement for a child under section 602.1 or section 607 respectively, then the court may further consider, as consistent with the child's best interests, awarding one or both of the parents the right of first refusal to provide child care for the minor child during the other parent's allotted parenting time.
A proposed major rewrite of Illinois' 35-year-old Marriage and Dissolution of Marriage Act has some ISBA matrimonial lawyers feeling encouraged and others concerned.
The Illinois Supreme Court held that a divorced mother could remove her children to California over the ex-husband's objection because their joint parenting agreement expressly allowed it.
A look at the contrasting fates of bills designed to 1) ease custody and visitation for deployed servicemembers and 2) increase penalties for visitation abuse.
On October 21, 2010, the Supreme Court of Illinois held that the evidentiary limitations of section 2-18(4)(c) of the Juvenile Court Act do not apply to the out-of-court statements of a minor in a temporary custody hearing, where such statements relate to allegations of abuse or neglect.
Before, custody orders weren't final and appealable if other issues were pending. Now they are, and that's good for kids, an appellate justice says. But she warns that family lawyers must pay closer attention than ever to appellate rules and deadlines.
Illinois law makers amended sections 607 and 609 of the Illinois Marriage and Dissolution of Marriage Act, defining visitation and instructing courts on how to consider electronic communication when determining parental visitation rights.
The Department of Human Services Act has been amended to require state agencies to provide the families and children of incarcerated parents with information about how to obtain social services.
The supreme court rules committee heard proposals to require consular notification for foreign nationals, to change child custody rules, and to require additional notice to opposing counsel.
The Illinois Supreme Court refuses to register an Indiana custody ruling where the Indiana court did not return the Illinois court's repeated phone calls.
On February 4, 2008, the Illinois Appellate Court, Fifth District, affirmed the judgment of the circuit court allowing grandparent visitation but ordering that the visitation shall not diminish the time during which the mother currently has the child.
On December 5, 2007, the Illinois Appellate Court, First District, affirmed the judgment of the Cook County Circuit Court denying the respondent's Motion to Strike and Dismiss Petitioner's Emergency Motion to Restrict Visitation and for a finding of visitation abuse.
