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Mom Wants to Cut time >50% Again

Started by Samson2005, Mar 19, 2007, 03:15:22 PM

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Samson2005

about "abuse" there is a portion of my pleading that included the term. I am pasting part of the pleading below:

Best Interest of the Child. (8)"The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child." 750 ILCS 5/602 (8).

The amendments included among the purposes of the Illinois Marriage and Dissolution of Marriage Act are to secure the maximum involvement and cooperation of both parents in the child's welfare. See: 750 ILCS 5/102(7): (7) secure the maximum involvement and cooperation of both parents regarding the physical, mental, moral and emotional well-being during and after litigation.

The Best Interest of the Child Defined further states that in the absence of abuse, maximum involvement of both parents is in the Child's Best Interest.

(c) "Unless the court finds the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, the court shall presume that the maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional well being of their child is in the best interest of the child..." 750 ILCS 5/602 (c)

The actions of Mom meet the definition of ongoing abuse according to The Illinois Domestic Violence Act of 1986:

(7) "Harassment" (v) improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner's from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence. 750 ILCS 60, Section 103

In (750 ILCS 5/607.1), "Enforcement of visitation orders; visitation abuse." It is stated that:

"Visitation abuse occurs when a party has willfully and without justification: (1) denied another party visitation as set forth by the court..." 750 ILCS 5/607.1 (A)(1).


mistoffolees

You're using 'abuse' in a narrowly defined legal sense. There's nothing wrong with that. Just make sure that you cite where the definition you're using comes from and make sure that you have provided the facts (with evidence above your own testimony if at all possible) to back it up.