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David Andrew King

David King’s Answers

3 total

  • I moved 60 miles away 2 years ago and the CP refuses to pick up my 8 year old child at the end of my visitation.

    I have a court order that states very specific details about the pick-up of my child and need to know if I can enforce this. From the Court Order: At the time specified in this agreement for the beginning of each period of visitation, NCP sh...

    David’s Answer

    The Court Order can be enforced until it is modified by the Court. However, if your ex-spouse requests the Court to modify the Court Order regarding transportation, the Court may grant the request since you have moved a significant distance from where you resided at the time the Order was entered.

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  • Is it legal in the state of Illinois to move children away from their father without him knowing?

    My best friend found her husband cheating on her and is now wanting to move herself and his 4 children out of state to get the kids away from him. They do not have a divorce in order or custody or child support brought to court. They have been sep...

    David’s Answer

    If no case has been filed, there is no restriction on moving the children out of state. However, if your friend conceals the children from her husband, he could file a Petition For Order of Protection requesting an Order of Protection requiring the immediate return of the children. Additionally, if your friend's husband files a Petition For Dissolution of Marriage in Illinois, even after your friend moves out of state, it is possible that the case would be heard in Illinois and that your friend would have to return the children to Illinois. Given the complexities that can arise in these situations, it is important that your friend consult an attorney before moving the children out of state.

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  • Can a email involved in negotiating a JPA we used in court as evidence?

    I know settlement negotiations are not admissible as evidence in trial. Im wondering if JPA discussion are considered settlement negotiations.

    David’s Answer

    If the communication consisted of an offer by you to compromise in order to reach a joint parenting agreement, then it is generally not admissable. However, the mere fact that a statement is made during settlement negotiations does not make it inadmissable. Additionally, even offers of compromise can be offered into evidence for certain specific purposes (i.e. negating an assertion of undue delay in the legal proceedings).

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