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Is allowing my children to participate in the sports during my ex's visitation time against the law if he refuses to take them?

Elgin, IL |

My ex husband refuses to pay for any extra curricular activities nor bring the children to them. I have started to keep the kids back so they can play and he called the police. They ticketed, fined and arrested me because I did not deliver the children to him. The papers say that he is required to bring them and he just refuses. The police say that I need an attorney and it is a civil matter but me allowing the kids to go is a criminal matter.

Attorney Answers 3

Posted

You need an attorney. Your case is too complicated to handle pro se. It also appears that there is more to the situation than you were able to provided in this brief inquiry. There are many good lawyers near you. Seak to several and hire the one you like the best.

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Posted

I have never heard of someone being arrested and taken into custody for a visitation violation which is a minor offense under the law. There had to be something else going on. Yes he has the right to his visitation hwever as children grow up and become involved in various activities there should be some efforts made to ensure the children are able to fully participate in various activities, sports, extracurriculars etc. If you have joint custody you need to atend mediation. If not you should go talk to a lawyer ASAP so you do not continue to receive citations for failure to allow visitation.

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2 comments

Peggy M. Raddatz

Peggy M. Raddatz

Posted

however, attend

Gary L. Schlesinger

Gary L. Schlesinger

Posted

in re the marriage of charous. she cannot plan activities on his time without his consent. he need not take the kids to the activities unless he agreed to the activity of his time. contempt.

Posted

You are digging yourself into a dark whole by taking the role of the Judge. If your ex refuses to pay for activities, file motion for contempt--you will enable compliance plus recover the costs of the legal fees you will have incurred.

You cannot interfere with his visitation because he is not paying or exercising it as outlined in the agreement. Better choice would have been to modify the parenting agreement to make him understand his actions have consequences.

You recount that the police state that yours is a "civil matter"--yet you are being arrested. Doesn't that hit you as an ironic contradiction.

Nobody likes to spend money on legal fees. But its often the case that you spend them initially to deliver a strong message or end up paying them over numerous years, as you languish in agony.

I see things going from bad to worse--that's just how the cookie crumbles. I advise you to retain counsel who can present your issues clearly and logically.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

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