When your child’s parent is not allowing parenting time, you can always call the police and show the police officers the court order. If the police are willing to read a 12 page Allocation of Parenting Time and Parental Responsibilities and then interpret that language based on the facts in front of them…then the police will force the other parent to turn over the child. Often, Illinois parenting plans are not crystal clear and the police will simply tell you to “go to court.” More likely, you will not want to begin every visitation with your child by calling the police. In lieu of the police, you can go before an Illinois court to enforce your parenting time. In Illinois, when a temporary order awarding parenting time is entered or an allocation of parenting time or parental responsibilities is entered, those orders have the full authority of law. Illinois parents must follow those parenting time orders (within reason). When a parent does not follow the parenting time orders, there can be severe consequences…but only if the other parent demands consequences. Is Denial Of Parenting Time A Crime In Illinois? Illinois has an unlawful visitation interference statute with noble goals. “Visitation is a right or permission granted to a noncustodial parent to visit with his or her child. The welfare of a child usually requires that a parent who does not have custody of their child be given liberal visitation rights in order to assure that the child will not be estranged from that parent. The purpose of the unlawful visitation interference statute is to provide a remedy for and to deter violations of interference by any person, including the child’s custodial parent, with a noncustodial parent’s right to visitation.” People v. Warren, 671 NE 2d 700 – Ill: Supreme Court 1996 Withholding a child from another parent in violation of a court order is a crime in Illinois. “Every person who, in violation of the visitation, parenting time, or custody time 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, parenting time, or custody time commits the offense of unlawful visitation or parenting time interference.” 720 ILCS 5/10-5.5(b) Withholding parenting time is a petty offense in Illinois. “A person committing unlawful visitation or parenting time interference is guilty of a petty […]
from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/withholding-or-denying-parenting-time-in-illinois/
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