Messages

Ocean ... I adamantly disagree with your advice to try to get the courts to function on a "social policy" basis simply because many children have been seriously exploited and otherwise harmed when that occurs.  That's not what SPARC or sites like this are about.

In the matter at hand there has not been a valid or rational reason given to even begin to justify a change to a different jurisdiction.

How about getting the case away from an obviously incompetent magistrate, as well as from an obviously flawed system which would appoint someone like that to "judge" and to screw up a child's life?  If I and the other parent can't agree, yeah shame on us, but at the very least, let the issues be decided by an actual judge, and not someone who didn't make the cut.  In Illinois, rulings are made by actual judges.

I live in IL as does the child.  Father lives in IN where the case is.

Grandparents are not in the final order and are not a party. 
I know that I can file for a change of judge within 10 days of filing any motion.  But this would change it to a different judge in the same court.  Also, I have to have a reason (change of circumstances) in order to file something.

Case has been going on in Indiana for a couple years.  For the past year I have had primary physical custody and for that entire time, child and I have resided in Illinois.  Final ruling was just a few weeks ago, so it's not like I've up and moved out of state since the ruling.  IL requires one of the parties to have resided here for 6 months to qualify for jurisdiction.

A little more regarding the "judge"...he's actually not a real judge at all, he is a "magistrate" which means he has to be supervised and have all his rulings signed off by a true judge.  If you were to spend ten minutes in this idiot's courtroom, it would be plainly obvious why he can't make it as an actual judge. 
If there are any
future modifications or motions, I'd prefer they be heard by a real judge, not this idiot.

Do I approach the clerk in the existing court with jurisdiction, or the clerk of the court where I want to move the case?

Had my case in Indiana where I no longer reside.  Final ruling was given just a few weeks ago, I have custody.  Child and I have both resided in Illinois for > 1 year.  I would like to know how to have my case moved from IN to IL.

Although I got custody, the judge in the case was ridiculous.  At one point, he ordered my child into the custody of grandparents who had a restraining order against them, among other incompetent rulings.  Basically I want to get this out of his courtroom for any possible future issues.

What's involved in transferring a case to another state?  Do I need to have an intent to modify the custody order?  The father would probably not object to the case being moved, as he knows the judge to be an idiot as well.