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List of Forms by Chapter - Chapter 1 — Parentage
- Chapter Summary
-
I. Introduction - II. Actions Under the Illinois Parentage Act of 2015
- Procedural Considerations
- [1.4] Nature of the Action
- [1.5] Consent and Cross-Reference with Vital Records Act
- [1.6] Action To Declare Existence of Parent-Child Relationship
- [1.7] Action To Declare Nonexistence of Parent-Child Relationship
- [1.8] Additional Provisions
- [1.9] Process
- [1.10] Notice Requirements
- [1.11] The “Baby Richard Law”
- Jurisdiction and Venue
- [1.12] Jurisdiction in General
- [1.13] Jurisdiction and Uniform Child-Custody Jurisdiction and Enforcement Act Considerations
- [1.14] Personal Jurisdiction
- [1.15] Venue
- Statute of Limitations
- [1.16] Background and Evolution of Current Statute
- [1.17] Statute of Limitations as Applied to a Child Versus a Parent
- [1.18] Other Bars to Filing — Res Judicata and Collateral Estoppel
- [1.19] Pretrial Conferences
- [1.20] Temporary Relief
- Miscellaneous Rights and Remedies
- [1.21] Default
- [1.22] Right to Counsel
- [1.23] Attorneys’ Fees and Costs
- [1.24] Child’s Last Name
- Establishing Paternity
- [1.25] Presumptions and Burden of Proof
- Blood Tests
- [1.26] Statutory Provisions and Analysis of Tests
- [1.27] Types of Testing
- [1.28] Costs of Testing and Independent Genetic Testing
- [1.29] Sanctions for Refusal To Submit to Blood Test and Other Alternative Methods of Genetic Testing
- [1.30] Other Methods of Proving Paternity
- [1.31] Summary Judgment
- Support, Allocation of Parental Responsibilities, and Parenting Time
- Child Support
- [1.32] Establishment
- [1.33] Retroactive Child Support
- [1.34] Section 802(d) Trust
- [1.35] Parentage Cases and College Educational Expenses
- Allocation of Parental Responsibilities and Parenting Time
- [1.36] In General
- [1.37] Allocation of Parental Responsibilities Dispute Between Parent and Third Party
- [1.38] Parenting Time
- [1.39] Modification
- [1.40] Relocation
- Child of Assisted Reproduction
- [1.41] Background Information
- [1.42] Requirements of a Legal Parent
- [1.43] Consent
- [1.44] Statute of Limitations
- III. Forms
- Chapter 2 — Allocation of Parental Time and Responsibilities
- Chapter Summary
- I. [2.1] Introduction
- II. The Beginning: Jurisdiction
- [2.2] In General
- What Court Can Hear a Parenting Allocation of Significant Responsibilities Case?
- [2.3] Statutory Provisions: IMDMA §§601.2; 602.3; 602.5; 602.7
- [2.4] Unborn Child Jurisdiction
- [2.5] Temporary Emergency Jurisdiction
- [2.6] “Home State” and “Six-Month Rule”
- [2.7] Forum Non Conveniens
- [2.8] Action Pending in Another State
- [2.9] Unjustifiable Conduct
- [2.10] Determining Which Court Will Hear the Case
- [2.11] Forum Shopping
- [2.12] Who Can Institute a Custody Proceeding and What Presumptions Rule?
- [2.13] Stepparents
- [2.14] Nonbiological Common-Law Claim Recognized
- [2.15] Why Is IMDMA Standing Important?
- [2.16] Standing Pursuant to Probate Act
- [2.17] When Does Jurisdiction End?
- [2.18] Venue
- [2.19] Federal Parental Kidnaping Prevention Act of 1980
- [2.20] Hague Convention
- III. Allocation of Parental Responsibilities and Parenting Time
- Aspects of Parental Time and Decision-Making
- [2.21] Statutory Provisions: IMDMA §§602.3; 602.5; 602.7
- [2.22] IMDMA §602.5: Responsibilities; §602.7: Time
- [2.23] IMDMA §603.5: Temporary Allocation Orders
- [2.24] Best Interests of the Child
- [2.25] Parents’ Wishes
- [2.26] Child’s Wishes
- [2.27] Relationships of Siblings, Parents, and Significant Others
- [2.28] Splitting the Residential Location of Siblings
- [2.29] Day-in-the-Life Video
- [2.30] Child’s Adjustment to Home, School, and Community
- [2.31] Mental and Physical Health of All Individuals
- [2.32] Threat of or Actual Physical Violence
- [2.33] Deployed Military Member’s Family-Care Plan
- [2.34] Jointly Sharing Parental Responsibilities; Ability of Parents To Cooperate
- [2.35] Residential Circumstances
- [2.36] Child’s Integration into Home and Family Environment
- [2.37] Race
- [2.38] Religion
- [2.39] Parents’ Work Habits and Time Availability
- [2.40] Relocation
- [2.41] Name Change
- [2.42] Interference with Parent-Child Relationship
- [2.43] Cohabitation
- [2.44] LGBTQ+ Issues
- [2.45] Age and Sex of All Individuals
- [2.46] Parental Misconduct
- [2.47] Wealth
- [2.48] Failure To Pay Support
- [2.49] Removal of Child from Jurisdiction
- [2.50] Preference for Natural Parent
- [2.51] Third-Party Access Awards
- [2.52] Tender-Years Doctrine
- [2.53] No Necessity for Explicit Findings
- [2.54] Guardian for Parent with a Disability
- IV. [2.55] IMDMA §602.10: The Parenting Plan
- V. IMDMA §602.8: Parenting Time by Parents Not Allocated Significant Decision-Making Rights and Visitation
- [2.56] In General
- [2.57] Restricted Visitation
- [2.58] Jail Visitation
- [2.59] What Constitutes Serious Endangerment
- [2.60] Adoption
- [2.61] IMDMA §§602.9(d), 603.10(b), 609.2(g), 610.5: Modification of Parental Time and Visitation
- [2.62] IMDMA §602.9: Grandparent, Great-Grandparent, Stepparent, and Sibling Visitation
- [2.63] Money Matters
- VI. IMDMA §610.5: Modification of Significant Parenting Time and Responsibilities
- [2.64] Policies and Time Limitations
- Definitions
- [2.65] Serious Endangerment
- [2.66] Clear and Convincing Evidence Demonstrating Best Interests
- [2.67] Change of Circumstance
- [2.68] Burden of Proof
- [2.69] Findings
- [2.70] Required Elements
- [2.71] IMDMA §610(a): Serious Endangerment
- [2.72] IMDMA §610.5: Change of Circumstance
- [2.73] Misuse of Domestic Violence Act
- [2.74] Modification Not Necessary for Child’s Best Interests
- [2.75] Joint Significant Parental Decision-Making Allocation (Formerly Joint Custody Modifications)
- [2.76] Mental and Physical Health of All Individuals
- [2.77] Abuse of Visitation
- [2.78] Disregard for Best Interests of Child
- [2.79] Remarriage
- [2.80] Removal of Child as a Basis To Modify Parenting Allocation
- [2.81] Alcohol/Drug Abuse
- [2.82] Cohabitation
- [2.83] Child’s Integration into Home and Family Environment
- [2.84] IMDMA §610.5(c): Unknown Material Facts
- Finality and Appealability of Custody Orders
- [2.85] In General
- [2.86] Contempt
- [2.87] Appeal Time Limits
- [2.88] Attorneys’ Fees Relating to Unsuccessful Petition To Modify Parental Allocation of Significant Decision-Making Responsibilities and/or Parenting Time
- VII. [2.89] Relocation of Child Inside and Outside Illinois
- Standards for Removal
- [2.90] In General
- In re Marriage of Eckert — A Historical Perspective
- [2.91] The Case
- [2.92] Its Effect on Law
- [2.93] Removal and Change of Custody
- Remarriage
- [2.94] Removal Allowed
- [2.95] Removal Denied
- [2.96] Job Transfer
- [2.97] Different Standards for IMDMA §610.5 Change of Custody and §609.2 Relocation
- [2.98] Interference with Visitation
- [2.99] Split Residency
- [2.100] Other Removal Scenarios
- VIII. Representing the Minor Child
- [2.101] In General
- [2.102] Differences Between an Attorney for the Minor Child, Guardian ad Litem, and Child Representative
- [2.103] When To Appoint Representative
- [2.104] Duties of Representative
- [2.105] Factors for Representative To Investigate
- [2.106] Therapeutic Experts
- [2.107] In Camera Interview of Child
- [2.108] Admissibility of Child’s Out-of-Court Statements
- [2.109] Parenting Coordinator
- [2.110] Concluding Representation
- Chapter 3 — Allegations of Child Abuse in Custody and Visitation Disputes
- Chapter Summary
- I. [3.1] Scope of Chapter
- II. [3.2] Definitions
- III. [3.12] Investigating the Allegation
- IV. [3.15] Raising the Allegation
- V. [3.20] False Allegations
- VI. Child’s Input
- VII. Discovery
- [3.23] In General
- [3.24] Medical Records
- [3.25] Health Insurance Portability and Accountability Act
- [3.26] Mental Health and Developmental Disabilities Confidentiality Act
- [3.27] Investigation
- [3.28] Interrogatories
- [3.29] Subpoenas
- [3.30] Depositions
- [3.31] Physical/Mental Examinations of Parties
- [3.32] Allocation of Parental Responsibilities Evaluations
- [3.33] Medical Examination of Child
- [3.34] Use of Videos
- VIII. Trial
- [3.35] Child as Witness
- [3.36] Child Testifying on the Stand
- [3.37] In Camera Testimony
- [3.38] Statutory Hearsay Exceptions Specific to Child Abuse Statements
- [3.39] Spontaneous Declaration Hearsay Exception
- Examination of Mental Health Expert
- [3.40] Direct Examination
- [3.41] Cross-Examination
- [3.42] Admissibility of Scientific Evidence (Frye Standard)
- [3.43] Sealing Records
- IX. Posttrial Motions and Appeals
- X. [3.49] Conclusion
- XI. [3.50] Appendix — Additional Resources
- Chapter 4 — Child Support
- Chapter Summary
- I. [4.1] Introduction
- II. Establishing Child Support
- [4.2] Overview of IMDMA §505
- [4.3] Parental Obligation
- [4.4] Statutory and Common-Law Basis of Obligation
- [4.5] Children’s Right to Be Supported
- [4.6] Jurisdiction To Award Child Support, Including in Domestic Violence Proceedings
- [4.7] Petition and Affidavit
- [4.8] Statutory Basis — Temporary Support
- [4.9] Standards
- [4.10] Termination of Temporary Support Orders
- [4.11] Application of IMDMA §505
- [4.12] Income Share Model
- [4.13] Shared Child Support Obligation
- Income
- [4.14] Income Overview
- [4.15] IRA Distributions
- [4.16] In re Marriage of Anderson: Reverse Stock Splits/Gifts and Loans
- [4.17] Unemployment Compensation, Workers’ Compensation, and Other Types of Income
- [4.18] Averaging Income
- [4.19] Business Income — IMDMA §505(a)(3.1)
- [4.20] Prior Obligations of Support
- [4.21] Debt Repayment
- [4.22] Multiple Support Orders
- [4.23] Deviation from the Guidelines — IMDMA §505(a)(3.4)
- Statutory Factors Under IMDMA §505(a)(2)
- [4.24] The Financial Resources and Needs of the Child — IMDMA §505(a)(2)(A)
- [4.25] The Financial Resources and Needs of the Parents — IMDMA §505(a)(2)(B)
- [4.26] The Standard of Living the Child Would Have Enjoyed Had the Marriage or Civil Union Not Been Dissolved — IMDMA §505(a)(2)(C)
- [4.27] The Physical and Emotional Condition of the Child and His or Her Educational Needs — IMDMA §505(a)(2)(D)
- Miscellaneous Factors Affecting Deviation from the Guidelines
- [4.28] Marital Misconduct Not a Factor
- [4.29] Financial Misconduct/Inability To Pay Adequate Support
- [4.30] Shared and Split Physical Care and the Application of the Guidelines
- [4.31] Deviation by Agreement
- [4.32] Default and Other Situations in Which Income Is Unknown
- [4.33] Healthcare — IMDMA §505(a)(4)
- [4.34] Extracurricular Activities and School Expenses — IMDMA §505(a)(3.6)
- [4.35] Income in Excess of the Schedule of Basic Child Support Obligation — IMDMA §505(a)(3.5)
- [4.36] Child Care Expenses — IMDMA §505(a)(3.7)
- Security for Child Support
- [4.37] In General
- [4.38] Insurance as Security in the Event of the Supporting Parent’s Death
- [4.39] Trusts as Security or Source for Support
- Mechanics of Child Support
- Withholding
- [4.40] In General
- [4.41] Overview of Requirements and Procedures
- [4.42] Percentage vs. Amount Dilemma in Specifying Support
- [4.43] Payment to Clerk
- [4.44] Enforcement of Support Orders
- [4.45] Effect of In re Marriage of Lappe
- [4.46] Specific Remedies
- [4.47] Termination and Modification
- Agreements
- [4.48] In General
- [4.49] Parenting Time vs. Support Trade-Off
- [4.50] Modification Provisions in Settlement Agreements
- [4.51] Termination
- III. [4.52] Overview of Support of Nonminor Children and College Education
- IV. Modification of Child Support Procedures
- [4.59] In General
- [4.60] Venue
- [4.61] Petition and Notice
- [4.62] In Personam Jurisdiction
- [4.63] Non-Modifiability of Vested Child Support
- [4.64] Pendency of Appeal
- [4.65] Child Support Always Modifiable
- Applicable Law for Modification
- [4.66] Temporary Child Support
- [4.67] Guideline Modification
- [4.68] Substantial Change in Circumstances
- Modification Factors
- [4.69] Inflation/Cost of Living
- [4.70] Increased Needs of Children
- Increased Financial Ability
- [4.71] Obligor Parent
- [4.72] Recipient Parent
- Decreased Financial Ability
- [4.73] Obligor Parent
- [4.74] Imputing Income
- [4.75] Recipient Parent
- Remarriage
- [4.76] Obligor Parent
- [4.77] Recipient Parent
- [4.78] Change of Allocation of Parental Responsibilities
- [4.79] Emancipation
- [4.80] Resources of Child
- [4.81] Temporary Suspension or Abatement
- [4.82] Denial or Reservation of Child Support/Retroactivity
- [4.83] Termination of Child Support
- [4.84] Enforcement Through Wage Garnishment
- V. [4.85] Conclusion
- VI. Appendix — Forms
- Chapter 5 — Procedure Under the Uniform Interstate Family Support Act
- Chapter Summary
- I. Overview
- [5.1] Purpose of the Uniform Interstate Family Support Act
- [5.2] Historical Background
- [5.3] Basic Principles of the Uniform Interstate Family Support Act
- [5.4] Establishing a Support Order
- [5.5] Enforcing a Support Order
- [5.6] Modifying a Support Order
- [5.7] Applicability of the Uniform Interstate Family Support Act
- [5.8] Definitions
- [5.9] Tribunal of State
- [5.10] Cumulative Remedies
- [5.11] Efficiency of Uniform Interstate Family Support Act Streamlines Interstate Proceedings
- [5.12] Efforts for International Child Support Enforcement
- [5.13] Establishing Jurisdiction over Nonresident
- [5.14] Duration of Personal Jurisdiction
- [5.15] Simultaneous Proceedings
- [5.16] Continuing, Exclusive Jurisdiction To Modify Child Support Order
- [5.17] Continuing, Exclusive Jurisdiction To Enforce Child Support Order
- [5.18] Determination of Controlling Child Support Orders
- [5.19] Child Support Orders for Two or More Obligees
- [5.20] Credit for Payments
- [5.21] Application of Act to Nonresident Subject to Personal Jurisdiction
- [5.22] Continuing, Exclusive Jurisdiction To Modify Spousal Support Order
- III. [5.23] Civil Provisions
- [5.24] Establishing a Support Order
- [5.25] Duties of Initiating Tribunal
- [5.26] Duties of Responding Tribunal
- [5.27] Pleading and Accompanying Documents
- [5.28] Nondisclosure of Information in Exceptional Circumstances
- [5.29] Limited Immunity of Petition
- [5.30] Special Rules of Evidence and Procedure
- [5.31] Duty of Support Enforcement Agency
- [5.32] Recovery of Arrearages
- [5.33] Receipt and Disbursement of Payments
- IV. Establishment of Support Order; Determination of Parentage
- V. Enforcement of Support Order Without Registration
- VI. Registration, Enforcement, and Modification of Support Order
- [5.40] Procedure To Register Order for Enforcement
- [5.41] Choice of Law
- [5.42] Notice of Registration of Order
- [5.43] Contest of Registration or Enforcement
- [5.44] Registration and Modification of Child Support Order of Another State
- [5.45] Recognition of Child Support Order Modified in Another State
- [5.46] Jurisdiction To Modify Child Support Order of Foreign Country
- VII. Support Proceeding Under the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance
- [5.47] Overview of the Convention
- [5.48] Initiation by the Illinois Department of Healthcare and Family Services of Support Proceeding Under the Convention
- [5.49] Direct Request
- [5.50] Registration and Contest of Convention Support Order
- [5.51] Recognition and Enforcement of Registered Convention Support Order
- [5.52] Modification of Convention Support Order
- [5.53] Record in Original Language; English Translation
- Chapter 6 — Parental Child Abduction
- Chapter Summary
- I. [6.1] Introduction
- II. Prevention and Preparedness
- [6.2] In General
- [6.3] Initiating Civil Court Action To Trigger the Child Abduction Statute
- Structuring Court Orders
- [6.4] Factual Basis and Jurisdictional Findings
- [6.5] Orders for Parenting Time
- [6.6] Access to Children’s Records
- [6.7] Schools and Caregivers
- [6.8] Order for Payment of Bond
- [6.9] Passport Issues
- [6.10] Enrolling Foreign Judgments/Orders
- Self-Help Measures for Parents
- [6.11] Identification Packets
- [6.12] Working with the Child
- [6.13] Security Precautions
- III. Recovering Abducted Children Using Noncriminal Remedies
- [6.14] In General
- [6.15] Informal Assistance by Police
- [6.16] Emergency Orders/Orders of Protection
- [6.17] Contempt Issues/Double Jeopardy
- [6.18] Civil Contempt
- [6.19] Criminal Contempt
- [6.20] Double Jeopardy
- [6.21] Wording of the Rule To Show Cause
- [6.22] Rule To Show Cause for Violation of Order of Protection
- [6.23] Right to Counsel
- [6.24] Body Attachments
- [6.25] Enforcing Out-of-State Orders Pursuant to the Uniform Child-Custody Jurisdiction and Enforcement Act
- [6.26] Petitions for Enforcement
- [6.27] Content of Order
- [6.28] Service of Order
- [6.29] Hearing and Order
- [6.30] Defenses
- [6.31] Warrant To Take Physical Custody of a Child
- [6.32] Appeals
- [6.33] Role of the State’s Attorney or Other Public Official
- [6.34] Role of Law Enforcement
- [6.35] Fees
- IV. Law Enforcement and Prosecution Issues
- [6.36] In General
- [6.37] First Interview with Left-Behind Parent
- Child Abduction Statute
- [6.38] Public Policy
- [6.39] Definitions
- [6.40] Elements of the Offense
- [6.41] Court Orders Are in Effect
- [6.42] Parents Are or Have Been Married and No Valid Court Orders of Custody Are in Effect
- [6.43] Parents Are Unwed and There Are No Custody Orders
- [6.44] Other Violations
- [6.45] Affirmative Defenses
- [6.46] Aiding and Abetting Child Abduction
- [6.47] Making a Police Report
- [6.48] Jurisdictional Issues — Omission Basis of Jurisdiction
- [6.49] Entering Child and Abducting Parent into Law Enforcement Agencies Data System/National Crime Information Center
- [6.50] FBI and Warrants for Unlawful Flight To Avoid Prosecution
- [6.51] Extradition Within the United States
- [6.52] Abduction as a Continuing Offense
- V. International Child Abduction Cases
- [6.53] Policy of the United States
- [6.54] Initiating Criminal Charges for International Abductions
- The Hague Convention on the Civil Aspects of International Child Abduction
- [6.55] Overview of the Hague Convention
- [6.56] Initiating Civil Remedies
- [6.57] Step One: File Hague Application with Central Authority of United States or Other Country
- [6.58] Step Two: File Petition for Return of Child in Foreign Court Where Child Is Located
- [6.59] Applicant’s Legal Burden
- United States Department of State
- [6.60] Information on International Child Abduction
- [6.61] Liaison Services
- [6.62] “Welfare and Whereabouts” Checks
- [6.63] Passport Name Check System
- [6.64] INTERPOL/INTERPOL Washington
- VI. Search Issues
- [6.65] Publicity
- [6.66] Obtaining and Flagging of Records
- [6.67] “Pinging” the Abductor’s Cell Phone/Cell Tower Information
- [6.68] Phone Records
- [6.69] Travel Records
- [6.70] Credit Reports
- [6.71] Records of the Child
- [6.72] Records of the Abducting Parent
- [6.73] Passports
- [6.74] Mail Covers
- [6.75] Off-Line Law Enforcement Agencies Data System/National Crime Information Center Searches/Drivers’ Licenses
- [6.76] Federal Parent Locators Service
- [6.77] Military Worldwide Locator Services
- [6.78] Abductor’s Computer and Online Activity
- [6.79] Age Progression Pictures
- [6.80] National Missing and Unidentified Persons System (NamUs)
- VII. Recovery Issues
- VIII. Resources
- Chapter 7 — Gestational Surrogacy
- Chapter 8 — Domestic Violence and Its Impact on Custody Cases
- Chapter Summary
- I. [8.1] Introduction
- II. [8.2] What is Domestic Violence?
- III. [8.7] Goals When Dealing with Domestic Violence Custody Cases
- [8.8] Promoting Safety for the Child and for the Parent
- [8.9] Preventing the Abuser from Using the Court To Control the Victim and Promote Victim Autonomy
- [8.10] Entering Clear, Unambiguous, and Well-Structured Court Orders
- [8.11] Holding the Abuser Accountable
- [8.12] Parallel Parenting
- [8.13] Promoting the Recovery of the Child
- IV. [8.14] Effects of Exposure to Domestic Violence on Children
- V. [8.15] Parenting Styles of Abusers
- VI. [8.16] Danger Assessment
- VII. [8.19] Effectively Interviewing Battered Women
- [8.20] Before Starting
- [8.21] Asking Initial Questions
- [8.22] Asking Open-Ended Questions
- [8.23] Asking Specific Questions for Follow-Up
- [8.24] Exploring Inconsistencies
- [8.25] Exploring Past Abuse
- [8.26] Exploring Sexual Violence
- [8.27] Explaining Options and Eliciting Discussions
- [8.28] Dissociation
- [8.29] Taking Care of Yourself
- VIII. [8.30] Initiating the Case
- IX. [8.36] Parenting Time in Cases Involving Domestic Violence
- X. Shared Responsibilities in Cases Involving Domestic Violence
- XI. Custody Proceedings
- XII. Sexual Abuse Allegations Made During Custody Proceedings
- XIII. [8.51] Working with Battered Women
- XIV. [8.52] Promoting Recovery for Children Exposed to Domestic Violence
- XV. Counseling Issues
- Chapter 9 — Handling a Hague Convention Child Abduction Case
- Chapter Summary
- I. [9.1] Handling a Hague Case on International Child Abduction
- II. [9.2] First Steps: Initiating Civil Remedies
- III. [9.6] Legal Burden: Establishing a Prima Facie Case for Return of a Child
- [9.7] The Child Must Be Under the Age of Sixteen
- [9.8] Habitual Residence Prior to the Wrongful Removal or Retention
- [9.9] Removal or Retention Was Wrongful Because Custody Rights Were Breached
- [9.10] Custody Rights Must Be Exercised at the Time of Removal
- [9.11] Action Must Be Taken Prior to One Year of Wrongful Removal
- [9.12] When Did Removal or Retention Become Wrongful?
- [9.13] When Were Proceedings Commenced?
- [9.14] No Tolling of One-Year Deadline To File the Petition
- IV. [9.15] Affirmative Defenses to the Hague Petition To Return the Child
- [9.16] More than a Year Has Passed Since the Wrongful Removal or Retention Occurred and the Child Has Become Settled in the New Environment — Article 12 of the Hague Convention
- [9.17] The Party Seeking Return Was Not Actually Exercising Custody Rights at the Time of Removal or Had Consented or Subsequently Acquiesced to the Child’s Removal or Retention — Article 13(a) of the Hague Convention
- [9.18] There Is a Grave Risk That the Child’s Return Would Expose the Child to Physical or Psychological Harm or Otherwise Place the Child in an Intolerable Situation — Article 13(b) of the Hague Convention
- [9.19] The Child Objects to Being Returned and Has Attained an Age and Degree of Maturity Such That the Court Can Take into Account the Child’s Views — Article 13 of the Hague Convention
- [9.20] The Child’s Return Would Not Be Permitted by the Fundamental Principles of Human Rights and Fundamental Freedoms in the Country Where the Child Is Being Held — Article 20 of the Hague Convention
- V. Procedural Issues
- [9.21] Whether To File in Federal or State Court
- [9.22] How Illinois State Courts Have Handled Hague Convention Cases
- [9.23] Return of the Child Does Not Moot an Appeal
- [9.24] Mediation
- Discovery, Admissibility of Documents, and Testimony
- [9.25] Evidentiary Issues
- [9.26] Guardian ad Litem Appointments
- [9.27] In Camera Interviews
- [9.28] Expert Testimony
- [9.29] Undertakings
- [9.30] Mirror Image Orders
- [9.31] Recovering Attorneys’ Fees and Costs
- VI. Other Remedies When the Hague Convention Does Not Apply
- VII. [9.34] Rights of Access
- Caroline E. Arnold
Caroline E. Arnold
Caroline E. Arnold is an associate with Davis Friedman, LLP, in Chicago, where she practices family law. Arnold is a member of the Chicago and Illinois State Bar Associations. She has also been recognized as a Super Lawyers Rising Star (2026). Arnold received her J.D. from DePaul University College of Law.
- Nidhi Desai
Nidhi Desai
Nidhi Desai is a Partner at Desai & Miller, in Chicago, and practices both in reproductive technology law and adoption. Desai is ART Policy Director at the Academy of Adoption and Assisted Reproduction Attorneys (AAAA), as well as an AAAA Fellow. She is also a Fellow of the American Bar Association. Desai received her law degree from Loyola University Chicago and her undergraduate degree from Washington University in St. Louis.
- Joy M. Feinberg
Joy M. Feinberg
Joy M. Feinberg is a Partner with Davis Friedman, LLP, in Chicago, where she practices family law. Feinberg has been a recipient of the Samuel Berger Award and has been included in the list of Illinois Best Lawyers and Super Lawyers. She is a member of the American College of Family Trial Lawyers and the American Academy of Matrimonial Lawyers. Feinberg received her J.D. from DePaul College of Law and her B.A. from the University of Illinois.
- Mitchell B. Gordon
Mitchell B. Gordon
Mitchell B. Gordon is a Founding Partner of Bradford & Gordon, LLC, a well-respected family law practice in Chicago. He approaches his cases with the goal of problem-solving through the understanding that each client has a unique set of circumstances, and he works closely with his clients to find reasonable and practical solutions. In addition to his litigation background, he has extensive experience conducting settlement conferences and drafting marital settlement agreements, parenting agreements, and prenuptial and postnuptial agreements. Furthermore, he is a skilled appellate advocate, having litigated numerous family law cases at the appellate court level. Gordon was named a Litigator of the Year by the American Institute of Trial Lawyers in 2020 and has been recognized for more than 10 consecutive years by Illinois Super Lawyers magazine as one of the “Top Young Lawyers in Illinois” and as one of the “Ten Best Attorneys in Illinois for Client Satisfaction” by the American Institute of Family Law Attorneys. In 2011, he was honored with IICLE®’s inaugural Rising Star Award. For more than a decade, Gordon has taught courses through IICLE® on various areas of family law including child support, the use of social media in litigation, parental alienation, contribution to college education, the determination of income in divorce, removing children from the State of Illinois, bankruptcy and divorce, dissipation of assets, child support enforcement, ethics, prenuptial and postnuptial agreements, same-sex marriage, and nontraditional visitation arrangements. He has been quoted as a legal expert in Money Magazine, Fast Company, VICE News, and Good Morning America, among others, and has appeared as a legal commentator on NBC, Fox, and other local, national, and international news networks. Gordon received his BA from the University of Iowa and his JD from the Chicago-Kent College of Law.
- Anthony Joseph
Anthony Joseph
Anthony Joseph is a Partner at Masters Law Group LLC, in Chicago, Oak Brook, and La Jolla, California, where his practice focuses exclusively on family law, with a particular emphasis on international child abduction and cross-border custody issues pursuant to the Hague Convention of 1980 and the UCCJEA. Joseph has served as an Adjunct Professor at DePaul University and is also on the list of approved Guardian ad Litem/child representatives for the Domestic Relations Division of the Circuit Court of Cook County. He received his B.A. from the University of the Pacific and both his J.D. and Certificate in Trial Advocacy from The John Marshall Law School.
- Jason A. Krawetz
Jason A. Krawetz
Jason A. Krawetz is a Partner at Beermann LLP, in Chicago, and focuses on matrimonial and family law. Krawetz has been chosen by Leading Lawyers as an Emerging Lawyer and by Illinois Super Lawyers as a Rising Star. He received his undergraduate degree from the University of Illinois Urbana-Champaign and his J.D. from the University of Illinois-Chicago.
- Craig M. Mandell
Craig M. Mandell
Craig M. Mandell is a Partner at Beerman LLP, in Bannockburn and Chicago, and focuses his practice on family law. Mandell is First Vice President of the Lake County Bar Association and Chair of its Gridiron Committee. He has also been recognized by Law Bulletin Publishing Company as a 40 Under 40 honoree. Mandell received his J.D. from DePaul University College of Law and has a Certificate in Family Law.
- Erin Masters
Erin Masters
Erin Masters is Principal of Masters Law Group LLC, in Chicago, and concentrates in family law. In addition to representing clients, Masters is also a court-appointed child representative and has been appointed by the Circuit Court of Cook County to mediate complex family law cases. Since 2016, she has been named a Rising Star by Illinois Super Lawyers and as an Emerging Lawyer by Leading Lawyers. In 2020, Masters was named as a Super Lawyer by Illinois Super Lawyers. Masters earned her B.A. from the University of California, San Diego, where she graduated with Provost’s Honors, and her J.D. and Certificate in Child and Family Law from Loyola University School of Law.
- Candace L. Meyers
Candace L. Meyers
Candace L. Meyers is a Partner at Beermann LLP, in Chicago and Bannockburn, and focuses on family law and divorce litigation, mediation, and collaborative divorce. Meyers has been named a Notable Woman in Law by Crain’s Chicago Business and is a Board Member of the Anti-Defamation League. Meyers received a B.A. from Indiana University-Bloomington and a J.D. from Capital University Law School. She also has a Business Certificate from Kelly School of Business and has had divorce mediation skills training from Northwestern University.
- Jan Russell
Jan Russell
Jan Russell devoted her 35-year career to issues related to domestic violence and parental child abduction. Before retiring, Russell was the Senior Policy Counsel/Violence Against Women at the Cook County Sheriff’s Office, where she was responsible for evaluating and monitoring policies and programs related to domestic violence and sexual assault as well as the implementation of the Prison Rape Elimination Act. Previously at the Chicago Police Department, she started the nation’s only in-house program to provide direct services to victims of domestic violence abused by a member of the department and served with that program for 16 years. Russell previously served as the founding director of the Illinois Council Against Parental Child Abduction and the Family Issues Specialist at the Cook County State’s Attorney’s Office. She is the principal author of Illinois’ child abduction statute. She has trained more than 25,000 professionals on issues related to domestic violence, sexual assault, and child abduction, including for the Chicago Bar Association, the National College of District Attorneys, the International Chiefs of Police, and the National Coalition Against Domestic Violence. She is certified as a law enforcement trainer by the Illinois Law Enforcement Standards and Training Board. She served on an Illinois State Bar Association task force to rewrite the Illinois Domestic Violence Act and wrote a book on the Act. Russell graduated with honors from Roosevelt University and IIT/Chicago-Kent College of law.
- Marie Sarantakis
Marie Sarantakis
Marie Sarantakis is Principal Attorney at Sarantakis Law Group, Ltd., in Oak Brook, and focuses her practice on family law. Sarantakis received the Greek American Foundation’s Forty Under 40 Award in 2024, was the Illinois State Bar Association’s Young Lawyer of the Year in 2023, and received the American Bar Association’s On the Rise Award — Top 40 Young Lawyers in the United States in 2023. She earned her B.A. magna cum laude from Carthage College and her J.D. cum laude from The John Marshall Law School, now known as the University of Illinois-Chicago.
- Jonathan D. Steele
Jonathan D. Steele
Jonathan D. Steele is a Partner at Beermann LLP, in Chicago, and focuses his practice on divorce and family law. Steele has been named by Chicago Daily Law Bulletin and Chicago Lawyers as a top Forty under 40 (2025), as a Rising Star by Illinois Super Lawyers, and as an Emerging Lawyer by Leading Lawyers. Steele earned a B.A. at Indiana University and a J.D. from The John Marshall Law School.
- Jennifer S. Tier
Jennifer S. Tier
Jennifer S. Tier is a Partner at Davis Friedman, LLP, in Chicago and Northbrook, and concentrates her practice in domestic relations. Tier has received CALI Awards in Advanced Litigation Strategies in Domestic Relations and Trial Advocacy and has been listed as a Leading Lawyers Emerging Lawyer and Best Lawyers: Ones to Watch in America. She received her B.A. magna cum laude from New York University and her J.D. from Chicago-Kent College of Law with a Certificate in Litigation and Alternative Dispute Resolution.
Family Law: Child-Related Issues in Dissolution Actions 2026 Edition
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