My Ex has moved and not provided me with any contact information so that I may have visitation. Our stipulation states that I have every other weekend visitation. I would like to file a Motion for contempt based on our divorce stipulation. We live in Indiana but Clark couty Illinois has jurisdiction. I think it is clear cut, I just need the proper form and who to submit it to.
Consult a visitation /custody attorney immediately. This sounds like obstructing your parental rights. She could loose custody and/or be put in jail. She may even be charged with kidnapping.
IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.
If a parent moves out of State (Indiana?) then under Illinois law (Clark County, IL?) permission must be obtained from court or there must be agreement-both of which are missing. It is important to move quickly because if too much time passes the new State may become the "home State"
You may be able to get information and advice at
Land of Lincoln Legal Assistance Foundation - Eastern Regional Office
302 North First Street Champaign, IL 61820
The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.
If the case was never moved out of Clark County then you need to file your Petition for a Rule to Show Cause in that County. Propeerforms may be ascertained through Illinois Legal Aid Online.
However anyone can buy a wrench set but that does not mean you can fix a car. Try finding a competent attorney in Clark County. If the court finds your ex in contempt then there is fee shifting under the rukes.
This is not as clear cut as you think and a form is not available. Furthermore, you need to locate your ex. You would be well served to retain an attorney. If you ex is found in contempt of court, he or she will probably be required to pay your attorney's fees. Hire a lawyer!
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