What can happen in Illinois if I don't follow a visitation order because my child's father is a drunk and moved in with a woman that had 4 children removed from her custody because of neglect and abuse? The order was entered by default because I was not present in court. It was entered today and I am getting a lawyer within 30 days to vacate it. Do I have to follow it until then? And if I don't what happens?
Answer
You are under an order to provide for visitation. If you do not, you can be held in contempt if properly sought. Until the order is vacated or stayed the order is supposed to be complied with. However it may not be indirect civil contempt, but indirect criminal contempt. Not showing up was not the best thing to do. Should have shown up and asked for time to hire an attorney, or put your reasons in writing so the court could have considered them. Filing a motion to vacate may not stay the order as it is not a final order. But do something. Do not delay.
Answer
court orders are to be complied with. if you do not, you can be held in contempt and have to pay his attorneys fees or worst, spend some time in jail. if you want to have the order changed, you have to file a motion to change the order. until the order is changed, all parties to the case are bound by the order.
i can be reached at 312-372-5600.
Elfreda Dockery
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