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    Default Visitation Rights on a Plenary Order of Protection

    My question involves restraining orders in the State of: Illinois
    I have a plenary order of protection that lists protected parties as my ex and my 4 year old. On this plenary order the judge allowed supervised visits sun. & wed at specific times as well as video chat. Since this order was signed my ex abandoned my son at her parents. Her mother became his legal guardian through the courts. I have been requesting to see my son on the court ordered times but have been denied. Now his guardian has changed my visits from wed&sun. to only saturdays. She did not do this through the courts. She tells me now that as his legal guardian she has the authority to change visiting days and times without court involvement.

    My question is does a legal guardian have the authority to overrule a judges order for visitation in any way? Doesn't her guardianship simply mean that she is now the one responsible for following the judges order as written instead of my ex?
    Thank you!

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    Default Re: Visitation Rights on a Plenary Order of Protection

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    My question involves restraining orders in the State of: Illinois
    I have a plenary order of protection that lists protected parties as my ex and my 4 year old. On this plenary order the judge allowed supervised visits sun. & wed at specific times as well as video chat. Since this order was signed my ex abandoned my son at her parents. Her mother became his legal guardian through the courts. I have been requesting to see my son on the court ordered times but have been denied. Now his guardian has changed my visits from wed&sun. to only saturdays. She did not do this through the courts. She tells me now that as his legal guardian she has the authority to change visiting days and times without court involvement.

    My question is does a legal guardian have the authority to overrule a judges order for visitation in any way? Doesn't her guardianship simply mean that she is now the one responsible for following the judges order as written instead of my ex?
    Thank you!
    No, a legal guardian does not have the authority to change a court order at will. The problem however, is that the legal guardian, in this instance, is not a party to the court order for visitation therefore cannot really be held in contempt. What you should to is take it back to court and get her added as a party to the court order, and get her ordered to provide the appropriate visitation.

  3. #3

    Default Re: Visitation Rights on a Plenary Order of Protection

    Quote Quoting llworking
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    No, a legal guardian does not have the authority to change a court order at will. The problem however, is that the legal guardian, in this instance, is not a party to the court order for visitation therefore cannot really be held in contempt. What you should to is take it back to court and get her added as a party to the court order, and get her ordered to provide the appropriate visitation.
    Wow!!! I'm glad I found this resource and posted this question here. Thank you so much for responding and clarifying this as well as my 3rd party contact question.

    I'm helping a young guy whose been wrongfully accused of abusing his ex. She is using the system to punish and gain leverage. He has no lawyer and is slightly cognitively challenged. High functioning with a job, living on his own, and etc. but limited understanding of certain things. I am no lawyer and the rules seem to change depending on who your speaking to regarding Illinois law. So thank you again for your help and quick responses!

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    Default Re: Visitation Rights on a Plenary Order of Protection

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    Wow!!! I'm glad I found this resource and posted this question here. Thank you so much for responding and clarifying this as well as my 3rd party contact question.

    I'm helping a young guy whose been wrongfully accused of abusing his ex. She is using the system to punish and gain leverage. He has no lawyer and is slightly cognitively challenged. High functioning with a job, living on his own, and etc. but limited understanding of certain things. I am no lawyer and the rules seem to change depending on who your speaking to regarding Illinois law. So thank you again for your help and quick responses!
    Based on your description of the young guy, he really needs an attorney. This is likely not something that he can handle without one. Helping him get an attorney might be the very best thing that you could do for him.

  5. #5

    Default Re: Visitation Rights on a Plenary Order of Protection

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    Wow!!! I'm glad I found this resource and posted this question here. Thank you so much for responding and clarifying this as well as my 3rd party contact question.

    I'm helping a young guy whose been wrongfully accused of abusing his ex. She is using the system to punish and gain leverage. He has no lawyer and is slightly cognitively challenged. High functioning with a job, living on his own, and etc. but limited understanding of certain things. I am no lawyer and the rules seem to change depending on who your speaking to regarding Illinois law. So thank you again for your help and quick responses!
    Actually I have another question. The new court appointed guardian is the maternal grandmother. She is listed and sworn in as the visit supervisor. So would that make her any more responsible for following the judges order and possibly being held in contempt for changing it or should he still file a motion to modify the order adding her as guardian?

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    Default Re: Visitation Rights on a Plenary Order of Protection

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    Actually I have another question. The new court appointed guardian is the maternal grandmother. She is listed and sworn in as the visit supervisor. So would that make her any more responsible for following the judges order and possibly being held in contempt for changing it or should he still file a motion to modify the order adding her as guardian?
    The fact that she is the supervisor could change the story. If grandma works, and the previous visitation times conflict with her work schedule, then even though she isn't following the orders, its likely that a judge will change the visitation schedule. No judge is going to make the primary caregiver miss work to facilitate visitation.

    However if dad is able to suggest another supervisor who could facilitate the same visitation that might be an option.

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    Default Re: Visitation Rights on a Plenary Order of Protection

    Quote Quoting llworking
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    The fact that she is the supervisor could change the story. If grandma works, and the previous visitation times conflict with her work schedule, then even though she isn't following the orders, its likely that a judge will change the visitation schedule. No judge is going to make the primary caregiver miss work to facilitate visitation.

    However if dad is able to suggest another supervisor who could facilitate the same visitation that might be an option.
    This of hopefully my last question. I appreciate your responses and thorough answers.
    The guardian of my friends son. His maternal grandmother is it possible for the her to just drive down to the court house and somehow as a guardian change the court ordered visitation just by asking or filling out and submitting court papers? Or am I right that she does not have that kind of power change this at will without some type of modification hearing where the father as well as she are both there? In other words in order to make any changes to this order there does have to be a hearing in front of a judge correct? The father would be involved in any kind of legal change like this? Thanks again for your help!

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    Default Re: Visitation Rights on a Plenary Order of Protection

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    This of hopefully my last question. I appreciate your responses and thorough answers.
    The guardian of my friends son. His maternal grandmother is it possible for the her to just drive down to the court house and somehow as a guardian change the court ordered visitation just by asking or filling out and submitting court papers? Or am I right that she does not have that kind of power change this at will without some type of modification hearing where the father as well as she are both there? In other words in order to make any changes to this order there does have to be a hearing in front of a judge correct? The father would be involved in any kind of legal change like this? Thanks again for your help!
    She should not be able to change the orders without at least the father being served and notified of the changes. There should be a hearing as well.

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    Default Re: Visitation Rights on a Plenary Order of Protection

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    This of hopefully my last question. I appreciate your responses and thorough answers.
    The guardian of my friends son. His maternal grandmother is it possible for the her to just drive down to the court house and somehow as a guardian change the court ordered visitation just by asking or filling out and submitting court papers? Or am I right that she does not have that kind of power change this at will without some type of modification hearing where the father as well as she are both there? In other words in order to make any changes to this order there does have to be a hearing in front of a judge correct? The father would be involved in any kind of legal change like this? Thanks again for your help!

    she, simply put, cannot change a court order. As current guardian she can file for a modification of the order. That means she files a motion to modify the order with the court. There is a process, usually requiring hearings at the court, to make any modification. If the order is changed, it will be the court that decides if and how it is changed.

    as ll stated, the problem here is she is not currently a party to the order. As visit supervisor she isn’t bound by the visitation order, at least as far as making the child accessible to you. She is a visitation supervisor which means she is there during your visitations, nothing more.

    you need to seek to add her to the order as the party subject to the terms of the order as ll suggested.

  10. #10

    Default Re: Visitation Rights on a Plenary Order of Protection

    Quote Quoting jk
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    she, simply put, cannot change a court order. As current guardian she can file for a modification of the order. That means she files a motion to modify the order with the court. There is a process, usually requiring hearings at the court, to make any modification. If the order is changed, it will be the court that decides if and how it is changed.

    as ll stated, the problem here is she is not currently a party to the order. As visit supervisor she isn’t bound by the visitation order, at least as far as making the child accessible to you. She is a visitation supervisor which means she is there during your visitations, nothing more.

    you need to seek to add her to the order as the party subject to the terms of the order as ll suggested.
    Thank you so much for all your help. We are trying to find a lawyer for him but he barely has enough to live on. The father is fairly high functioning intellectually disabled and today the guardian had her lawyer call him and try to confuse, threaten, and lay blame that he is in violation due to the change in visits that she insisted on. I feel this was simply a scare tactic and it worked. Do lawyers typically make calls like this on Christmas eve? This guy was trying to cover her non compliance by twisting words to someone who gets confused easily. It worked until he stopped talking to him and told him he'd have to talk to me. I'm a bit intimidated by that but this guy needs an advocate who will not allow people or their lawyer to take advantage of him any longer.
    Anyway thank you again!!!!

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