Custody Of Children And Orders Of Protection In Illinois

I have told clients for years that the family law system is slow, but it is fair. There is one part of the system that is rapid by design…and has instant results to the benefit of one parent and the detriment of the other parent: orders of protection. Orders Of Protection Lead To Immediate Temporary Custody Orders In Illinois  Orders of protection happen fast. In fact, orders of protection are usually always initially filed as emergencies and heard the same day or the next day. “If the court finds that petitioner has been abused by a family or household member or that petitioner is a high-risk adult who has been abused, neglected, or exploited, as defined in this Act, an order of protection prohibiting the abuse, neglect, or exploitation shall issue” 750 ILCS 60/214(a) “’ Abuse’ means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation” 750 ILCS 60/103(1) Once a finding of abuse is made an order of protection SHALL be granted. “[If an order of protection is granted] the remedies to be included in an order of protection shall be determined in accordance with this Section” 750 ILCS 60/214 The remedies listed in the Illinois Domestic Violence Act include immediate rulings regarding the parenting time and parental decision-making (formerly known as “custody”) of the children. “Physical care and possession of the minor child. In order to protect the minor child from abuse, neglect, or unwarranted separation from the person who has been the minor child’s primary caretaker, or to otherwise protect the well-being of the minor child, the court may do either or both of the following: (i) grant petitioner physical care or possession of the minor child, or both, or (ii) order respondent to return a minor child to, or not remove a minor child from, the physical care of a parent or person in loco parentis.” “Temporary allocation of parental responsibilities: significant decision-making. Award temporary decision-making responsibility to petitioner in accordance with this Section, the Illinois Marriage and Dissolution of Marriage Act, the Illinois Parentage Act of 2015, and this State’s Uniform Child-Custody Jurisdiction and Enforcement Act.” 750 ILCS 60/214(b)(6) An Illinois domestic violence court can provide a parenting schedule for the respondent and the child after an order of protection is entered.   “Parenting time. Determine the parenting time, if any, of respondent in any case in which the […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/custody-of-children-and-orders-of-protection-in-illinois/