Q: I just got dvro in California against spouse. The divorce judge in IL made temp orders for our daughter to not leave IL.
Do I get our child 14 I don't want to violate IL order but cal temp dvro states she is protected against him. She is in school and custody is not decided in divorce. What do I do?
A: You need to hire an IL attorney who regularly practices divorce law in the Court hearing your case there. IL has jurisdiction regarding your child. You need to file an appropriate motion in that court advising it of the CA order which is in conflict with the IL order. This is not something to try yourself.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, a domestic violence restraining order (DVRO) aims to protect victims of abuse. If your DVRO includes your child, it means your spouse is restrained from contacting or approaching her. However, an Illinois order restricting your child from leaving the state complicates matters.
It's essential to respect both court orders. If you believe there's an imminent threat to your child's safety in Illinois, consider filing an emergency motion in the Illinois court requesting a modification of the order, or seeking the court's guidance on the apparent conflict between the two orders. It might also be beneficial to consult with an attorney in Illinois familiar with family law, as they can provide insight on navigating the Illinois order in conjunction with your California DVRO. Always prioritize your child's safety and well-being, while ensuring compliance with court directives.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
