THis is for family court reform in Illinois to stop the exploitation of our children and future abuse in the future to stop.CALL

March 3, 2014 § Leave a comment

Things are moving fast in Springfield.  Several have been putting on the pressure; but we need many more to exert pressure to counter the full court press the Bar Associations are making now that they realize we are getting serious traction.  (That means making calls to legislators today, tomorrow, and the day after that.)  We can own the 98th General Assembly and make the Bar Associations minor players if we act now and hard.

Contact as many legislators as possible.  Be firm.  Ask them to sign on as sponsors.  Here is the link to Representatives.

Especially call the Rules Committee and ask that they sponsor the below Bills and advance the below Bills out of the Rules Committee.  Then call the Judiciary Committee and ask the same.  Last, but not least.  Call House Speaker Michael Madigan’s office with the same message.

Here is a run down:

HB5425 (Minimum Parenting Time).  THIS IS OUR BIG PUSH.  We have 8 sponsors but need a lot more.  The Bar Associations are going for an all-out assault on this one.  The reason: this brings in more money than any area of law – using your child as a pawn to make themselves rich.

Amends the Illinois Marriage and Dissolution of Marriage Act. To the list of purposes of the Act, adds: (i) continuing existing child-parent relationships; and (ii) recognizing that the involvement of each parent for equal time and not less than 35% of residential parenting time per week is presumptively in the children’s best interests. Provides that the court shall allocate parenting time according to the child’s best interests and that it is presumed that it is in the child’s best interests to award equal time to each parent. Provides that unless the parents present a mutually agreed written and notarized parenting plan within 90 days of both parties filing an appearance, the court shall allocate parenting time. Provides that it is presumed that both parents are fit and the court shall not place any restrictions on parenting time unless it finds by clear and convincing evidence that a parent’s exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health. Provides that in cases where the court finds that it is not in the best interests of the child for the parents to have equal time or that it is not possible for both parents to share time equally, a minimum of 35% residential time per week should be ordered for the non-custodial parent. Provides that the non-custodial parent may waive his or her right to a 35% minimum residential time per week. Provides that parents may agree to an alternate parenting schedule, subject to the court’s approval. Provides that the term “visitation” includes parenting time. Provides that the parties shall implement an order allocating parenting time no more than 60 days after the entry of the order. Makes corresponding changes.

HB4458 (False Statements to obtain Order Of Protection).  We have 3 sponsors, but want many more.

Amends the Criminal Code of 2012. Creates the offense of making a false statement to obtain an order of protection or civil no contact order. Provides that a person commits the offense when he or she knowingly makes or causes to be made any false statement intending the statement to be relied upon in issuing or enforcing an order of protection or civil no contact order. Provides that a violation is a Class 3 felony. Amends the Civil No Contact Order Act and the Illinois Domestic Violence Act of 1986. Provides that whenever any person is found guilty of making a false statement to obtain an order of protection or civil no contact order and the issuing court materially relied on the false statement when it issued the order, then the issuing court shall vacate that order. Provides that in that case, all records relating to the petition filed under the respective Act shall be expunged. Provides that if the statement was not material to the issuance of the order, then the court shall modify the order to the extent justice requires. Effective immediately.

HB4459 (Expunging failed/bogus Orders Of Protection.)  We have the same 3 sponsors.

You can expunge some criminal records; but OP’s, no matter what happened to them (even ones proven as malicious and lies) can never be removed from your records.  Image how that looks on a background check for a job. In the LEADS computer if you are pulled over for a traffic ticket, etc.  Strangely, I can expunge some criminal records, even where you are guilty; but I cannot remove a bogus OP.

Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that upon petition, the court shall order that a person against whom an emergency order of protection was issued shall have all records related to the emergency order expunged (unless the person violated the order) from the court’s records and from the Department of State Police’s Law Enforcement Agencies Data System if: (1) the person who sought the emergency order fails to seek a plenary order of protection before the emergency order expires; (2) there is an agreed dismissal; or (3) the court denies the issuance of a plenary order of protection following the emergency order. Provides that the clerk shall immediately file the expungement order and all records to be expunged shall be expunged no later than 3 business days after the order. Effective June 1, 2014.

I have also attached a list of other Bills we are tracking/working on.

PLEASE ACT ON THIS, AND PLEASE ASK OTHERS TO ACT ON THIS.

 

If you belong to any advocacy organization, contact them so that your efforts are coordinated.  If you do not belong to a group, consider joining one.

Email to follow on April 7th Rally in Springfield.

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