If your marriage is breaking down and you like seeing your kids, one of the worst thoughts is probably your kids being taken far away from you. What if your kids were taken from Illinois, to another state, or vice versa? And what if the other parent took your kids away using deception? If you want to avoid being fooled into the losing end of an interstate child custody dispute, you should read this article the discusses relocation by deception and the Uniform Child Custody Jurisdiction and Enforcement Act. You need an Illinois UCCJEA lawyer like attorney David Wolkowitz.
(more…)Tag: uccjea
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Tips on Starting an Illinois UCCJEA case.
There are so many things to worry about if you have a UCCJEA case. The UCCJEA, or Uniform Child Custody Jurisdiction and Enforcement Act, is the primary way that states of multiple courts determine in which state a child-related case should be heard.
If you have an Illinois UCCJEA case, then you need an Illinois UCCJEA lawyer – not any old divorce lawyer who dabbles in the UCCJEA anytime a case happens to roll into the office.
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Summer Time – for fake vacations and interstate custody battles
It’s summertime again. And for an Illinois divorce lawyer, that means it’s time for fake vacations that lead to interestate custody battles.
What happens is that a parenting claims to be taking the kids on vacation to another state – then they don’t come back! It’s sick, but it happens more than you might expect. And that leads to an interstate child custody battle involving the Uniform Interstate Child Custody Jurisdiction and Enforcement Act (the “UCCJEA”).
If this has happened to you, there are steps you need to take NOW. If you wait, you are risking time with your kids in involvement in their lives.
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Other Parent Run off with your Kid?
If the other parent has run off with your kid, then you need to take action immediately. I have handled a number of these delicate child custody situations, and I treat them like a sting operation. If your child is taken by the other parent, there are some things you need to know.
When dealing with any Illinois child custody matter, emotions can run high. However, it’s necessary to play the long game, and to think strategically. Please check out the below article if your child has been take and you find yourself in an Illinois child custody emergency. (more…)
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Child taken to Illinois? It’s a UCCJEA emergency!
If your child has been taken from some other state to Illinois – without your permission – then you are likely experiencing a child custody emergency. That being the case, you will need a lawyer with expertise in the Uniform Child Custody Jurisdiction and Enforcement Act (the “UCCJEA”). The UCCJEA is a “uniform law” that has been adopted by nearly every state.
The problem is that most lawyers have little to no useful familiarity with the UCCJEA – let alone familiarity with using it within the context of an emergency. But I do.
Furthermore, I was the winning appellant in my own UCCJEA case that was heard before the Michigan Supreme Court.
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Illinois child custody: Liars common, but not invincible
As a Chicago divorce lawyer, I see people lie frequently. Very frequently. But in a hearing a few days ago, I almost completely dismantled the opposing client under cross-examination.
Good news: liars are often stupid
The problem with Illinois family law is that so much of it is “he said, she said.” There is so much “creativity” in testimony that’s it’s a wonder that judges don’t burst out in laughter.
However, the opposing party in my recent hearing seemingly has no bounds to her dishonesty. Though the case has been going on for more than six months (and my client was previously represented by a high-priced lawyer in a fancy building), the recent hearing was the first one wear the opposing client was actually made to account for her crazy accusations.
Child custody liar folded under cross examination
Under my cross examination, the other party stammered like a fool, to say the least. The problem for her was that her lies and intentional mischaracterizations have become so extravagant that she can’t possibly maintain believability.
I think one of my important tasks is to help my client focus on which of the other party’s lies are potentially substantive, and which are drivel. Then, of the lies that are substantive, I believe in helping my client assembler the evidence required to expose the other party appropriately.
People that lie in court commit perjury. It is almost impossible to get the state’s attorney to prosecute a perjury case. However, one can also be held in contempt of court for lying in court – an option I’m more than willing to explore for my clients.
It is important to understand that child custody liars don’t just lie on the stand, they lie at every opportunity, such as in a UCCJEA judicial teleconference when the are trying to effectuate what amounts to a kidnapping; see my article titled “Interestate child custody jurisdiction: UCCJEA ‘judicial teleconference’ is critical” to find out more about that.