emergency order to remove a child

This is a discussion on emergency order to remove a child within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My childs father obtained an order for emergency custody without a motion being filed. The handwritten document states it was ...

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Old May 23rd, 2013, 06:20 PM   #1
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Default 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
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Old May 23rd, 2013, 06:34 PM   #2
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Default 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.

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Old May 23rd, 2013, 07:02 PM   #3
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Default 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.
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Old May 23rd, 2013, 07:13 PM   #4
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Default 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
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Old May 23rd, 2013, 07:14 PM   #5
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Default Re: emergency order to remove a child

we were never married and I have been the custodial parent since birth....she is six now
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Old May 23rd, 2013, 07:18 PM   #6
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Default Re: emergency order to remove a child

Quote:
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.
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Old May 23rd, 2013, 08:52 PM   #7
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Default 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?
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Old May 23rd, 2013, 09:22 PM   #8
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Default 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.
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Old May 23rd, 2013, 09:30 PM   #9
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Default 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.
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Old May 23rd, 2013, 09:35 PM   #10
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Default 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.
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