Q: My ex wife left the state with my kids with a joint custody order in place. what are my options?
A:
You should retain a local attorney to help you in this matter. You have a couple of options that the attorney can discuss with you. The original court will still have jurisdiction over your case, so you should bring all court actions in that court. You can bring a petition for rule to show cause, go to court, explain what happened, and the court will issue a rule-this means that your ex wife will be forced to come to court and explain why she left the state in violation of the order. If she does not have any reason, she can be held in contempt of court and the judge can arrest her. You need to serve her with this petition, however, so you need to know her address.
Your ex wife is likely also violating both federal and state law by moving the children in violation of a valid order, and your attorney may pursue criminal sanctions as well. Again, this could result in a warrant for her arrest being issued.
An attorney may also be able to obtain a "snatch order" for you, in which the court can authorize you to retake the children and bring them back into the state.
Again, I strongly recommend you hire an attorney.
A: File a post judgment case in IL asking that the child be returned and that your ex be held in contempt of court.
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