USAC Banner 728x90

Collapse

Announcement

Collapse
No announcement yet.

emergency order to remove a child

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • emergency order to remove a child

    My childs father obtained an order for emergency custody without a motion being filed. The handwritten document states it was ordered ex parte. In the docket search it appears as if I was present before the judge as well as her father. The following day I filed a motion for her immediate return which was allowed. My order was typed and included the judges stamp and the circuit court stamp which his document did not have the circuit court stamp. Its not logical to me. We appear in court in the morning on this issue and his attny is planning to file a motion for immediate parenting time and that he be the juridictional parent. Please advise

  • #2
    Re: emergency order to remove a child

    I wish to inform you that you must place all the facts before the Court. The Court always considers the best interests of the child and generally wants the child to grow up under the love and care of both the parents. The Court will consider all the facts and decide the matter. The Court may also seek the opinion of the child.

    AFFh

    Comment


    • #3
      Re: emergency order to remove a child

      It does not appear we have all the facts or info presented to the judges. Show up for court and state your case.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

      Comment


      • #4
        Re: emergency order to remove a child

        my question is, can this order be given without a written motion in cook county illinois. Secondly, can it be handwritten with only the judges stamp.

        As I stated my motion for return of my child was carefully typed and stamped twice also done ex parte. Thank you

        Comment


        • #5
          Re: emergency order to remove a child

          we were never married and I have been the custodial parent since birth....she is six now

          Comment


          • #6
            Re: emergency order to remove a child

            Originally posted by special6953 View Post
            my question is, can this order be given without a written motion in cook county illinois. Secondly, can it be handwritten with only the judges stamp.

            As I stated my motion for return of my child was carefully typed and stamped twice also done ex parte. Thank you
            You are asking us to verify the authenticity of a court order from a Cook County Il. judge. I think that issue is better addressed, when you appear in such a court.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment


            • #7
              Re: emergency order to remove a child

              Thank you both for responding....I found the answer. A motion did need to be filed first. Can I ask another question....the father is trying to make himself the jurisdictional parent. We moved here to start over with him and 30 days later he put us out. We lived in our home state for five of her 6 yrs of life until he brought us here. My home state holds our support order and my mail was put on temp hold for six months. I want to return to my home state. What should I do next?

              Comment


              • #8
                Re: emergency order to remove a child

                The first step to enforcing a child custody order is to return to the court that issued the original custody order and have the person in violation cited for criminal contempt of court. Take the contempt papers to the district attorney’s office who will begin the arrest and extradition (if necessary) process to have the offender put in jail and the child returned.

                Comment


                • #9
                  Re: emergency order to remove a child

                  The courts will be allowed jurisdiction to make only temporary orders until the emergency has been resolved. The courts are required to remain in contact with the home state to allow the other party the opportunity to be heard.Both parents have the right to request that jurisdiction be changed to their respective state though only one state will be allowed jurisdiction.

                  Comment


                  • #10
                    Re: emergency order to remove a child

                    You can file your petition in the state where the child has lived for the previous six months, which is considered the "home state." Under UCCJEA, which is recognized by most states, the state from which the request is being made is called the issuing state. The home state may allow the issuing state to exercise jurisdiction if the court deems the issuing state to be a more appropriate jurisdiction.

                    Comment


                    • #11
                      Re: emergency order to remove a child

                      File a motion for lack of jurisdiction since you and child have only been visiting a month and plan on going home/
                      Due to a recent promotion, I should now be referred to as Major Obvious.

                      I would not be trying to provide information and knowledge if I did not sympathize.

                      Some days it is just not worth chewing through the restraints to face life.

                      Comment


                      • #12
                        Re: emergency order to remove a child

                        How long have you been in IL? I'm reading it as a year. If that's correct then Jurisdiction can be properly transferred.

                        Courts care for the content moreso than the finesse, so hand written documents are routinely accepted by many courts.

                        What was the reason for the emergency ex parte? He must be stating you engaged in some behavior making you unfit, with enough evidence for the judge to agree.

                        Comment


                        • #13
                          Re: emergency order to remove a child

                          Thank you all. We have been away from the home state for 8 months. The father never had any custody. My uniform support order was issued from the home state. We want to return. How can I do that? Me and my child lived in the home state the majority of her life except for the last 6 months. The father moved us here in order to marry me and make a new start. 4 weeks later he put me and my daughter out his home. By that time My child had started school here and I allowed her to finish. It was understood that we would leave when school was out. I have a new job that starts there mid June and am looking for a new apt there. I need help.

                          Comment


                          • #14
                            Re: emergency order to remove a child

                            If you have been there 6 months you have established residency.
                            Due to a recent promotion, I should now be referred to as Major Obvious.

                            I would not be trying to provide information and knowledge if I did not sympathize.

                            Some days it is just not worth chewing through the restraints to face life.

                            Comment


                            • #15
                              Re: emergency order to remove a child

                              He stated my severely handicapped brother was repeatedly beating my daughter. I went back to the judge the next day and she interviewed both me and my mom and we produced his school and my medical records and the judge ordered my daughter to be returned and that my brother was no safety threat to my daughter. She put our case on progress call and he filed thru his attny more abuse allegations....which are NOT TRUE. I have involved her school nurse and social worker to disprove his case. I spoke to an attny on consultation who feels that he doesnt have a leg tomstand on...seeing how the father is a police officer himself and failed to report to alleged abuse of his own child. My concern is he lured us here....and kicked us out. He went so far as to call my mother and have her to pick both me and our child up. He has physically abused me as well during the time I resided with him. I have made a formal complaint to the independant police review board here. I have her father on audio tape and with two other third parties admitting that he filed the abuse claim because I was going to MN. This guy is sick and its not about our child its about me.

                              Comment

                              Previously entered content was automatically saved. Restore or Discard.
                              Auto-Saved
                              Stick Out Tongue :p Smile :) Mad :mad: Wink ;) Frown :( Big Grin :D Confused :confused: Embarrassment :o Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:
                              x

                              the color of snow is... (write the answer twice with an "@" between the words)

                              widgetinstance 213 (Related Topics) skipped due to lack of content & hide_module_if_empty option.
                              Working...
                              X