Restricting Parenting Time After Divorce in Illinois

 Posted on January 14, 2019 in Child Custody

There are a multitude of reasons a parent may wish to restrict visitation between a child and their other biological parent. Sometimes there is evidence of neglect or abuse, and in other cases, the child does not want to go for their own reasons. No matter the situation, a parent’s natural instincts kick in to protect their child and do what is best for them. Yet you must balance that with what is also legally appropriate.

When it comes to parenting time in Illinois, is it ever permissible to restrict visitation?

Obstructing Court Order

Typically, only under the direst of circumstances will a judge restrict visitation to a biological parent. However, a clause exists protecting children from potential danger. After any court order is given, such as a parenting time agreement, only a judge can legally approve modifications. Non-compliance with a standing court order is illegal and can result in harsh penalties, but a judge can authorize modifications if evidence exists that visitation would endanger the child's physical, mental, moral, or emotional health in a serious manner.

Child Visitation Modification

Although courts in Illinois prefer to allow both parents to share parenting time responsibilities, if doing so places the child in immediate danger, the court can make any modifications they deem appropriate, including, but not limited to:

• Reducing or eliminating parenting time;
• Ordering supervision with parenting time or temporary visits;
• Requiring child exchange through a third-party;
• Restricting proximity or communication;
• Mandating a location for visitation;
• Restricting certain third-parties from vicinity during parenting time;
• Denying visits if the parent is under the influence of drugs or alcohol;
• Requiring one parent to post bond before parenting time;
• Prohibiting overnight stays;
• Requiring the completion of a treatment program; or
• Any other restriction the court approves.

Ask a Wheaton, IL Family Attorney

No matter how you feel about your ex, only the court may reduce or restrict parenting time arrangements. Acting without the appropriate legal measures in place may result in contempt charges, followed by hefty fines and jail time, neither of which helps protect your children. If you would like to modify an existing parenting plan, a proven DuPage County parenting time attorney can help. At Andrew Cores Family Law Group, we understand the need to protect your children and we will do everything in our power to ensure their safety as quickly as possible. Call us today to schedule your free and confidential initial consultation at 630-871-1002.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K607.5.htm