Visitation Interference?

[Equal_Rights]

My most current court order does not provide that the mother can take our child out of town.  She informed me several months ago that she was taking our child out of town, but refused to tell me anything specific.  She never went to court to get a court order for out of town visitation.  Six days before she left with our child she gave me a handwritten note stating a very general destination and a relatives cellphone #.  She left with our child, and I missed a midweek visitation (4 hours) and also all of my weekend visitation (51 hours).  Even though she had our child back in town Saturday, she refused to make him available to me so that I might have what was left of my weekend visitation.  Does this violate the unlawful visitation interference statute of Illinois?  I have 4 prior police documents for visitation interference but the most recent is about 2 and a half years old.  The town police are reluctant to file incident reports.  Will I be able to get the states Attorney's office to press charges?

[MYSONSDAD]

I am in Illinois too. City LEA usually won't respond, might want to call ahead the next time and ask for a "civil standby". Have had better luck with a County Sheriffs Office.

Hope you went and made the attempt for pick up, stopped and got gas in her town and paid with a credit card or have a receipt.

Regardless of the Statue, you still need to get this into court before a judge.

(720 ILCS 5/10‑5) (from Ch. 38, par. 10‑5)
    Sec. 10‑5. Child Abduction.
    (a) For purposes of this Section, the following terms shall have the following meanings:
        (1) "Child" means a person under the age of 18 or a  
     severely or profoundly mentally retarded person at the time the alleged violation occurred; and
 
        (2) "Detains" means taking or retaining physical  
     custody of a child, whether or not the child resists or objects; and
 
        (3) "Lawful custodian" means a person or persons  
     granted legal custody of a child or entitled to physical possession of a child pursuant to a court order. It is presumed that, when the parties have never been married to each other, the mother has legal custody of the child unless a valid court order states otherwise. If an adjudication of paternity has been completed and the father has been assigned support obligations or visitation rights, such a paternity order should, for the purposes of this Section be considered a valid court order granting custody to the mother.
 
    (b) A person commits child abduction when he or she:
        (1) Intentionally violates any terms of a valid  
     court order granting sole or joint custody, care or possession to another, by concealing or detaining the child or removing the child from the jurisdiction of the court; or
 
        (2) Intentionally violates a court order prohibiting  
     the person from concealing or detaining the child or removing the child from the jurisdiction of the court; or
 
        (3) Intentionally conceals, detains or removes the  
     child without the consent of the mother or lawful custodian of the child if the person is a putative father and either: (A) the paternity of the child has not been legally established or (B) the paternity of the child has been legally established but no orders relating to custody have been entered. However, notwithstanding the presumption created by paragraph (3) of subsection (a), a mother commits child abduction when she intentionally conceals or removes a child, whom she has abandoned or relinquished custody of, from an unadjudicated father who has provided sole ongoing care and custody of the child in her absence; or
 
        (4) Intentionally conceals or removes the child from  
     a parent after filing a petition or being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody; or
 
        (5) At the expiration of visitation rights outside  
     the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois; or
 
        (6) Being a parent of the child, and where the  
     parents of such child are or have been married and there has been no court order of custody, conceals the child for 15 days, and fails to make reasonable attempts within the 15 day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact such child, or to arrange reasonable visitation or contact with the child. It is not a violation of this Section for a person fleeing domestic violence to take the child with him or her to housing provided by a domestic violence program; or
 
        (7) Being a parent of the child, and where the  
     parents of the child are or have been married and there has been no court order of custody, conceals, detains, or removes the child with physical force or threat of physical force; or
 
        (8) Conceals, detains, or removes the child for  
     payment or promise of payment at the instruction of a person who has no legal right to custody; or
 
        (9) Retains in this State for 30 days a child  
     removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody; or
 
        (10) Intentionally lures or attempts to lure a child  
     under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the parent or lawful custodian of the child for other than a lawful purpose.
 
    For the purposes of this subsection (b), paragraph (10), the luring or attempted luring of a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the parent or lawful custodian of the child shall be prima facie evidence of other than a lawful purpose.
    (c) It shall be an affirmative defense that:
        (1) The person had custody of the child pursuant to  
     a court order granting legal custody or visitation rights which existed at the time of the alleged violation; or
 
        (2) The person had physical custody of the child  
     pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which such child can be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of such circumstances and make such disclosure within 24 hours after the visitation period had expired and returned the child as soon as possible; or
 
        (3) The person was fleeing an incidence or pattern  
     of domestic violence; or
 
        (4) The person lured or attempted to lure a child  
     under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place for a lawful purpose in prosecutions under subsection (b), paragraph (10).
 
    (d) A person convicted of child abduction under this Section is guilty of a Class 4 felony. A person convicted of a second or subsequent violation of paragraph (10) of subsection (b) of this Section is guilty of a Class 3 felony. It shall be a factor in aggravation for which a court may impose a more severe sentence under Section 5‑8‑1 of the Unified Code of Corrections, if upon sentencing the court finds evidence of any of the following aggravating factors:
        (1) that the defendant abused or neglected the child  
     following the concealment, detention or removal of the child; or
 
        (2) that the defendant inflicted or threatened to  
     inflict physical harm on a parent or lawful custodian of the child or on the child with intent to cause such parent or lawful custodian to discontinue criminal prosecution of the defendant under this Section; or
 
        (3) that the defendant demanded payment in exchange  
     for return of the child or demanded that he or she be relieved of the financial or legal obligation to support the child in exchange for return of the child; or
 
        (4) that the defendant has previously been convicted  
     of child abduction; or
 
        (5) that the defendant committed the abduction while  
     armed with a deadly weapon or the taking of the child resulted in serious bodily injury to another; or
 
        (6) that the defendant committed the abduction while  
     in a school, regardless of the time of day or time of year; in a playground; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school or playground. For purposes of this paragraph (6), "playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation; and "school" means a public or private elementary or secondary school, community college, college, or university.
 
    (e) The court may order the child to be returned to the parent or lawful custodian from whom the child was concealed, detained or removed. In addition to any sentence imposed, the court may assess any reasonable expense incurred in searching for or returning the child against any person convicted of violating this Section.
    (f) Nothing contained in this Section shall be construed to limit the court's contempt power.
    (g) Every law enforcement officer investigating an alleged incident of child abduction shall make a written police report of any bona fide allegation and the disposition of such investigation. Every police report completed pursuant to this Section shall be compiled and recorded within the meaning of Section 5.1 of "An Act in relation to criminal identification and investigation", approved July 2, 1931, as now or hereafter amended.
    (h) Whenever a law enforcement officer has reasons to believe a child abduction has occurred, he shall provide the lawful custodian a summary of her or his rights under this Act, including the procedures and relief available to her or him.
    (i) If during the course of an investigation under this Section the child is found in the physical custody of the defendant or another, the law enforcement officer shall return the child to the parent or lawful custodian from whom the child was concealed, detained or removed, unless there is good cause for the law enforcement officer or the Department of Children and Family Services to retain temporary protective custody of the child pursuant to the Abused and Neglected Child Reporting Act, as now or hereafter amended.
(Source: P.A. 92‑434, eff. 1‑1‑02.)  


    (720 ILCS 5/10‑5.5)
    Sec. 10‑5.5. Unlawful visitation interference.
    (a) As used in this Section, the terms "child", "detain", and "lawful custodian" shall have the meanings ascribed to them in Section 10‑5 of this Code.
    (b) Every person who, in violation of the visitation provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation shall be guilty of unlawful visitation interference.
    (c) A person committing unlawful visitation interference is guilty of a petty offense. However, any person violating this Section after 2 prior convictions of unlawful visitation interference is guilty of a Class A misdemeanor.
    (d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.
    (e) The notice shall:
        (1) be in writing;
        (2) state the name of the person and his address, if  
     known;
 
        (3) set forth the nature of the offense;
        (4) be signed by the officer issuing the notice; and
        (5) request the person to appear before a court at a  
     certain time and place.
 
    (f) Upon failure of the person to appear, a summons or warrant of arrest may be issued.
    (g) It is an affirmative defense that:
        (1) a person or lawful custodian committed the act  
     to protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights was a reasonable response to the harm believed imminent;
 
        (2) the act was committed with the mutual consent of  
     all parties having a right to custody and visitation of the child; or
 
        (3) the act was otherwise authorized by law.
    (h) A person convicted of unlawful visitation interference shall not be subject to a civil contempt citation for the same conduct for violating visitation provisions of a court order issued under the Illinois Marriage and Dissolution of Marriage Act.
(Source: P.A. 88‑96.)  


"Children learn what they live"

[Genie]

anyone to care.  I say this b/c I have alot of experience with this in IL.  Not sure what area you are in but in Northern area the only County that did anything to enforce the Interference with Visitation law is Grundy County.  

What they are supposed to do is this:  You go to police station with divorce showing visititation and state it is your weekend. Maybe show calendar showing when every other weekend is etc etc.  They go with you to custodial parent's house and ask for kids for your visitation time.  She either says yes or no. She says no they say fine and start writing her a citation and give her a court date immediately.  You both appear and she basically won't be able to defend herself so the judges makes whatever decision.  Court is in whatever county she lives in.

In our case the one time it worked.  She was cited at her door as she gave every excuse. Officer just kept asking her name, address etc to fill it out and ignored everything else she said. Handed it to her, told her date to appear, excorted DH to my car adn left.  It was classic. She thru a tantrum minute cop left and tried to cause a scene. I start car and drove away.  Before court date she left message stating they wouldn't be home when he came to pick up at next visitation weekend. Went back to police station, told them this, officer tried to call, no one answered and told us he would go over and see if she was home.  He told us to leave.  He went by immediately, she wasn't home, he left his card, she ignored it, he went there next morning and issued her another citation. The judge gave her 6 mos supervision, $500 fine ($400 commuted upon completion) and told her she refuses any time in that 6 mos and she spends weekend in jail and Dad gets kids during that time.  She didn't refuse once. Tried to play games but didn't refuse.

So good luck. Police stations won't enforce stating civil matter even when law pointed out and don't think state's attorney will without police citation etc etc.

So hopefully she lives in Grundy County.  If not, don't give up.  You say they are "reluctant". That is better than refusing to do anything.  Maybe you can coax them along to do what they should.