Skip to main content

Can I have my ex charged with custodial interference?

Freeport, IL |

I filed for joint custody to see my child. if she doesn't allow me to see my child from now until
Our court date, can she be charged? Fyi: we weren't married.

Attorney Answers 3

Posted

She is only required to do as any previous order (temp/permanent) instructed. She can only interfere with visitation of an order that is put in place. And to answer your question, no, she couldn't be "charged" as in arrested. But if she is in violation of a court order then certainly motions can be filed etc to let the Judge know of that interference.

Communication with an attorney does not by itself create an attorney/client relationship or constitute provision or receipt of legal advice. Any communication with an attorney should be considered informational use only, and should not be relied upon or acted upon until a formal attorney/client relationship is established via a written agreement.

Mark as helpful

1 found this helpful

7 lawyers agree

2 comments

Asker

Posted

Should I inform the judge when we appear that she has not allowed me to see my child during this time?

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Andrea FYI 720 ILCS 5/10-5.5 §§ 10-5.5 Unlawful visitation interference (a) As used in this Section, the terms "child", "detain", and "lawful custodian" shall have the meanings ascribed to them in Section 10-5 of this Code. (b) Every person who, in violation of the visitation provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation shall be guilty of unlawful visitation interference. (c) A person committing unlawful visitation interference is guilty of a petty offense. However, any person violating this Section after 2 prior convictions of unlawful visitation interference is guilty of a Class A misdemeanor. (d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear. (e) The notice shall: be in writing; state the name of the person and his address, if known; set forth the nature of the offense; be signed by the officer issuing the notice; and request to the person to appear before a court at a certain time and place. (f) Upon failure of the person to appear, a summons or warrant of arrest may be issued. (g) It is an affirmative defense that: a person or lawful custodian committed the act to protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights was a reasonable response to the harm believed imminent; the act was committed with the mutual consent of all parties having a right to custody and visitation of the child; or the act was otherwise authorized by law. (h) A person convicted of unlawful visitation interference shall not be subject to a civil contempt citation for the same conduct for violating visitation provisions of a court order issued under the Illinois Marriage and Dissolution of Marriage Act.

Posted

If there is no court order for visitation then she is violating anything. Has paternity even been established yet? You need to consult with your lawyer or get a lawyer.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about. Remember that it is the Lawyer who:  Punishes the wicked, Protects the innocent, Raises up the lowly, Opposes brutality and injustice, Seeks equality of humanity regardless of color, cast, sex or religion, Leads in every cause, and Seeks the best in everything.

Mark as helpful

5 lawyers agree

4 comments

Asker

Posted

Paternity has been established, I'm on the birth certificate.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

You still need a visitation order to enforce.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Paternity has to also be entered in court to get a visitation order. Seek a lawyer. We cannot help you further.

Asker

Posted

Okay, thank you for the information.

Posted

no she cannot.

Mark as helpful

5 lawyers agree

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics