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At what age can a child be forced into visitation by the police with a non custodial parent in illinois, dupage county

Skokie, IL |

non custodial parent after 6 months decided to enforce visitation rights for the first time showing up to pick up the minor who is 12 with the police

Attorney Answers 4

Posted

The police are never in a position to force a child to visit with a parent. On the other hand, the police do have the authority to enforce a visitation order. The custodial parent is always expected to encourage visitation.

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Posted

the visit order is good until the child is 18 years old.

the custodial parent should do a motion to modify the visits. no guarantee that this will work but it is the only thing to do.

the custodial parent could get arrested for not providing the visit.

depending upon the police dept. and individual officer, either the child may be given to the non custodian, or the custodian will be arrested for visitation interference or the officer may say this is a civil matter, go see your lawyer.

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6 comments

Wes Cowell

Wes Cowell

Posted

Gary, what's your support for saying this? The Unlawful Visitation Interference Act says a first offense is a petty offense -- like a parking ticket. Who gets arrested for not turning a kid over? It's my understanding that the police have no legal authority to compel a parent to turn over a child. They can't take a kid out of a household and compel the transfer. All they can do is issue the citation and tell the complainant to go to court to enforce the civil court's order; no?

Gary L. Schlesinger

Gary L. Schlesinger

Posted

issuing the citation is the arrest. i just went thru this with the libertyville mayor. the police would do nothing. now the wife has two citations. i believe the second one is a misdemeanor, not sure. some lake county police depts do insist that the child be turned over. happens with very young kids, not teenagers. does not happen all the time.

Asker

Posted

what happens if the child in question who is 12 refuses to go because they don't feel safe and they have documented proof of this but its still sitting in a file and hasn't been reviewed plus the non custodial parent is only looking to take one of the 2 children

Wes Cowell

Wes Cowell

Posted

If you have a lawyer, call your lawyer. If you don't have a lawyer, hire one. You're going to have to head back to court. It's not expensive and it's not emotionally grueling. It's fairly routing -- like a dental check-up. Questions? call -- 312-9877-9999 -- no charge, no obligation.

Asker

Posted

there is a lawyer involved in the case and unfortunately for some reason is not pushing the issue of either minors mental well being or physical safety even with all of the documentation. is it standard practice to not resolve one issue before moving to the next, because I would think that would be a priority over the finalization of the divorce or at least motion for a 604B which would be the safest course of action given the nature of the relationship between the two parties involved....

Wes Cowell

Wes Cowell

Posted

Now you're raising new material -- you never previously said anything about the child's safety, well-being, nor "documentation." You need to talk with your attorney. If you feel you need a second opinion, you should CALL or VISIT an attorney -- this online stuff is too cumbersome for good communication. It is standard practice to have several irons in the fire at the same time. As one settles, the others start to fall into place. Divorce settlement are not "linear-progressive;" they are haphazard. If you feel you need a 604(b), ask for one. Questions? Call -- 312-498-3881 -- no charge, no obligation.

Posted

The minor won't be forced into visitation - but the parent who tries to block visitation can discover that it's a really bad idea...

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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1 comment

Asker

Posted

the custodial parent is actually not present when the transfer is set to occur due to an oop from the non custodial parent. they instructed the children to go with the non custodial parent but when the non custodial parent showed up with 4 police officers they refused to go

Posted

At any age. When visitation is addressed in a court order, that visitation may be enforced until the court order is modified.

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2 comments

Asker

Posted

my question however is can the police physically force them to go? and the custodial parent never blocked their visitation the non custodial parent just never exercised their rights til that point and in that fashion.

Sheryl Rae Ghezzi

Sheryl Rae Ghezzi

Posted

The police have the authority to enforce a visitation order. They do not have the discretion to interpret the language in that order. For example, if the court order says that the minor child has visitation with the father from 6:00 to 9:00 on Wednesdays, the police can make the child go with the father for that same period of time. If the court order is not specific as to the time and/or day of visitation, the police should hesitate to enforce because enforcement would require the police to interpret the time of visitation. I believe that the police are insulated from any liability for any court order enforcement. Is your issue with manner with which the police handled this matter? That would be better addressed by a civil rights attorney.

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