Ilcs Violation of Custody Agreement

3rd November 2021

ILCS Violation of Custody Agreement: What You Need to Know

Child custody is a sensitive issue. After all, it involves the well-being of a child. However, despite the court order and signed custody agreement, some people still choose to violate it. In Illinois, violating a custody agreement is considered an offense and is punishable by law. The Illinois Compiled Statutes (ILCS) Section 10-5.5 covers the violation of custody agreement.

What is a Custody Agreement?

A custody agreement is a legally binding document that outlines the terms and conditions of child custody. It is usually ordered by the court after a divorce or separation. It details the physical custody arrangement, visitation schedule, and other terms related to the child`s upbringing. Both parents or guardians must adhere to the agreement, and it is enforceable by law.

What is Violation of Custody Agreement?

Violating a custody agreement means that one parent or guardian disregards the terms and conditions outlined in the agreement. It can be as simple as not adhering to the visitation schedule or as severe as kidnapping the child. Either way, it is an offense and punishable by law.

What are the Consequences of Violating a Custody Agreement?

The consequences of violating a custody agreement vary depending on the severity of the offense. Penalties may include:

– Fines

– Contempt of court charges

– Loss of custody or visitation rights

– Incarceration

In Illinois, violating a custody agreement is considered a Class A misdemeanor, punishable by up to one year in jail and fines of up to $2,500.

What to do if the Custody Agreement is Violated?

If a custody agreement is violated, the first step is to document the violation. Keep track of missed visitation, canceled plans, or any other breaches of agreement. If the violation is severe, such as kidnapping or endangering the child`s welfare, call the police immediately.

If the violation is less severe, the first step is to attempt to resolve the issue amicably. Parents can try to work out a new arrangement or seek mediation. If that fails, the next step is to file a motion for contempt of court. This legal action informs the court that the custody agreement has been violated and seeks to hold the offending party accountable.

In Conclusion

Violating a custody agreement is a serious offense that can have lasting consequences. If you find yourself in this situation, it is crucial to document the violation, attempt to resolve it amicably, and seek legal action if necessary. Custody agreements are designed to protect the best interests of the child, and it is essential to honor them. Remember, the well-being of the child is at stake.