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I was denied my Christmas visation, what kind of recourse can I get.

Bartlett, IL |

My children are 13, 15, and 17.

We had a court order for Christmas visitation. I went to pick up the children on Christmas Day. My wife said no.

With out getting in to a fight, I left. I went to the police station and filled out a report. This is the fourth time, I had to fill out a report.

I want to know, the next time I go to court what should I say or ask the judge. Is there anything I can do to prevent this from happening again. Or is there anything the judge can do.

Do I have any rights, or is this what I have to live with.

Attorney Answers 3

  1. You need to file a Rule to Show Cause asking to find her in contempt of court and asking for legal fees, Hire a lawyer ASAP. If she repeated does this then you can ask for a change of custody based upon interference in the parent child relationship. That would ony be if the custody order is older than 2 years.

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  2. yes you do have rights. they are in the case of in re the marriage of charous and 750 ilcs 5/607.1. read both and then do two petitions.

  3. You have rights. Out of curiosity, why are you just now getting around asking about which you can do about missed parenting time over Christmas? You should get copies of all your police reports and bring those, along with all of your court paperwork, to an experienced family law practitioner. It is past time for you to return to court on a Petition for Rule to Show Cause why your ex should not be held in indirect civil contempt of court for failure to comply with prior orders.

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