jurisdication?

[cavaor]

Husband has sole custody of his daughter since Aug 03 and lives in IL. The custody and visitation order was done in KY where biological mom lived at the time but since has moved to another county in KY. Recently, the judge recused himself from the case but did not assign a new court for Jurisdiction. We petitioned for a jurisdiction to be named with our request for IL and NCP's in the county in KY she lives with judge indicating he would take it under advisement and make a determination later.


1) We NOW have a situation where we need to temporarily get a protective order stopping visitation (per DCFS request)...but
WHERE do this as there is not a court with jurisdiction at the moment?(This happened once before and the judge here (in IL) indicated the county where the order for visits came from was the appropriate forum but the only family court judge is not hearing the case)

2) At what point will IL have juridiction (or will it never until a KY judge sends it to IL)

3) Can IL legally TAKE jurisdiction in any circumstances and if so what?

Thanks!

[socrateaser]

>1) We NOW have a situation where we need to temporarily get a
>protective order stopping visitation (per DCFS request)...but
>
>WHERE do this as there is not a court with jurisdiction at the
>moment?(This happened once before and the judge here (in IL)
>indicated the county where the order for visits came from was
>the appropriate forum but the only family court judge is not
>hearing the case)

If you can get an affidavit from DCFS stating that the child is in danger of physical and/or emotion abuse from the parent who resides in KY, then you can ask an IL court to make temporary emergency orders preventing the other parent from exercising custody until such time that a full hearing can be had on the matter. Your secondary facts about the KY judge recusing him/herself and no other family law judge being available, appear to weigh in your favor, as the KY court is not currently in a position to make a ruling.

>2) At what point will IL have juridiction (or will it never
>until a KY judge sends it to IL)

Based on your facts, the other parent would have to leave KY, before KY would lose jurisdiction.

>3) Can IL legally TAKE jurisdiction in any circumstances and
>if so what?

See above.