Liability and expiration on motions

[Anthony_ill]

My son, who lives with his BM, was involved in an auto accident.

According the BM the police ticketed the son, number of cars were involved, his being totaled. She had not provided me any additional information, she has also recently moved (still in the state I am assuming) and not provided new address / phone information so that I can contact them to find out how he is doing. I have another court date Mid-September to potentailly address this.

Note: We do have joint physical custody (50/50), however I have not had visitation with my son for two years, as we continue to address a visitation interference court motion (I filed against the BM).

1) Who is liable if she has failed to provide insurance (she was the parent that provided the car and I have not been successful in having him in my physical care for two years, nor any information that he even had a car or driving)?  

2) In addition, in IL, is there any expiration to a Visitation interference motion?
There have been monthly follow up motions (the same motion but update to status on counseling ect) with the same Judge that this original motion was heard and continued to be heard on, however currently this has not moved from status to hearing.

3) The BM had been represented by an attorney in the past divorce and current interference motions (2nd one). However he has not been present during many recent status updates (GAL was in attendance which the Judge saw as sufficient to motion).

During the last meeting with the Judge (a separate motion hearing) the BM indicated she is no longer represented by this attorney. Can an attorney walk away from a motion that he has been involved without the Judge releasing him?

4) Can the Judge release her attorney without notifying me (represented pro se) or do I get notified somehow (ie, motion to be released)?

[socrateaser]

>1) Who is liable if she has failed to provide insurance (she
>was the parent that provided the car and I have not been
>successful in having him in my physical care for two years,
>nor any information that he even had a car or driving)?  

The vehicle owner is liable for damages. However, many states have laws that hold parents liable for the negligent acts of their minor children. Usually there's a cap on the damage award, but it can be in the tens of thousands never the less. I know of no case where a plaintiff has tried to hold a noncustodial parent financially liable for the injuries caused by the negligence of his/her child, however, that doesn't mean that it's not a potentially viable case. If you have homeowners insurance, that insurance may give you some coverage against such a legal action, but then again it may not. The insurer would probably try to avoid paying.

It's a real tough question, but your argument would be that as court has denied you the right to physical control over the day-to-day activities of your child, therefore it is not equitable that the court force you to contribute to satisfying a judgment against the child, born of the child's negligence, that "but for" the court's prior orders, you would likely have been able to prevent. Then, you'ld probably need to prove that you could have prevented the injuries, or at least insured around the liability. You can also argue that if you had notice that the mother did not insure the vehicle and child as driver, that you could have taken remedial action, but as you had no notice, it is not fair that you be charged with the responsibility of contributing to the mother's negligent behavior.

And so on and so forth.

>2) In addition, in IL, is there any expiration to a Visitation
>interference motion?

If there has been no action for a certain period of time, set by the jurisdiction (and I don't know the time limit for IL), then the court will dismiss the matter without prejudice for failure to prosecute. But, it sounds like you have had various hearings recently, so there's no likelihood that the case will be dismissed, on such grounds.

>During the last meeting with the Judge (a separate motion
>hearing) the BM indicated she is no longer represented by this
>attorney. Can an attorney walk away from a motion that he has
>been involved without the Judge releasing him?

A client can fire/discharge his/her lawyer for any reason at any time, however, if litigation is underway, the attorney must file a motion with the court to be released from the representation. The court can override the client, but rarely will. Absent the granting of such a motion for withdrawal, the attorney remains attorney of record, regardless of whether or not he/she has been discharged.

>
>4) Can the Judge release her attorney without notifying me
>(represented pro se) or do I get notified somehow (ie, motion
>to be released)?

You should have been served with a copy of the withdrawal motion. If you weren't, you should check the case file to see if the motion was ever filed. If it was, and you weren't notified, it's pretty much harmless error, unless you can show how your rights were substantially prejudiced by failing to receive notice.

PS. Something is wrong with your attorney or your recitation of the facts, because no custody matter like this takes two years to resolve. I don't know what the rest of the story is, but if you haven't seen your child for two years, you should have been in court with an interlocutory appeal about 18 months ago, demanding that the court permit you reasonable access to the child.

It's difficult for me to believe that you are telling the "rest of the story," here. Not that you have to, but I can't give you any useful advice if you fail to disclose important facts.

[Anthony_ill]

Thank you for your information.

Yes, there is quite more to this story (and this will continue for some time un-fortunately).

I have kept the original questions brief to allow just current questions raised, and not to elaborate too much on the messy details.

The BM is unstable (On med's, psych treatment for over 15 years, family has a long history of mental illness). This is a case of PA/PAS with the children, however IL court has not recognized an alienated parent (at least this judge dose not when I attempted to bridge that topic). Most everything I have read on PAS seems like they are writing it from observing my situation.

To be accurate, I did not see the Children (2) for many months during this 2nd visitation interference.  This slowly grew to dinners once a week and family counseling and was looking as slight improvement (Note: visitation has not changed from the 50/50, but temporary motions/orders were placed to develop relationships with the kids).  However during counseling (family) the children began to understand gaps between what they were told (from the BM) and the truth. The BM then stopped all family counseling once again (even though it was court ordered).

The BM took the children for therapy/counseling during the visitation interference (this was done without my knowledge), however this therapist refused to talk to me while documenting my "Anger Management" issues (BM and her boyfriend has falsely provided). In addition, the children were place on Med's for depression and ADHD, again without my consent or knowledge. So the court felt that it was in the childrens best interest to continue with their counsoler, providing feedback to the "Family counsoler" (I know, not much sense).

The GAL described this as a sad situation an although he understood what was going on, indicated to me: "You have moved on, and should probably just let them be (with their mother). You don't have them now anyway so what is the difference". He has since been released, allowing the counselors (both) to continue "Best Interest of the Children" directions.

I have consoled with attorneys early on in the process, they indicated they have won cases like this but the father still is without the kids. Given their ages (mid-late teens) there doesn't seem to be much that can be done.

So I am fighting this as best as I can, I write the children every week and try to find some way that the court system might take notice of this issue.

The only way I can describe this mess, is a term I call "Bleeding out". Where a victum has an object thrust into their body. To pull it out, without the correct medical attention would case the patient to die. Leaving it in is there only hope.  

To pull these kids out of this situation at the wrong time may just kill them (or any possiblity of a relationship with them). I am just hope that I am right, and have engaged the correct people in place to help them.

I do think that recent events (allot more detials) have moved this from a "status" to the next level (Hearing??), however I am very worried since the more I learn the more I realize that I do not understand the legal system at the level required (my initial thought was that if you had it documented and agreed to, the other party HAD to follow it).

I continue to appreciate all that you have to offer, you have been extremely helpful in several questions that I have raised, I will continue to ask for help and hopefully not become too much taxing to all that you do. I will try to be to the point, so that all can benefit from your help.

"God has placed me in this place so that he can use me, so I continue to be faithful, even during my suffering"