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My husband took my children out of Illinois without my permission and with held them from me for 3 days. Said he was moving them back to az. I went and got an op on Nov 28. I came to az on the 29th. He was served and I got the kids. We were to be coming back to Illinois in Tuesday the 5th. I just got served with a injunction dated Dec 1st. Stating I can't take kids out of az. We have a child in school in Illinois, he has already missed a week. We have a court date in Illinois on the 14th. Can I take them home?
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You have an interstate case involving Illinois and Arizona. This is called a UCCJEA matter. But, both courts should give priority to the fact that the children have been residing in Illinois and one is attending school there. The Courts would need a significant reason to allow an interruption with schooling and a move at this time.
Possibly, you need to file for an emergency temporary order based on a special appearance due to lack of jurisdiction in Arizona and UCCJEA conference so the two judges can discuss this matter. These are more complicated matters than just getting a divorce. Your filing in Arizona must make clear that you are doing it as a special appearance to address which state should have jurisdiction. Unfortunately, you may need an attorney in both Arizona and Illinois to help until, at the very least the two states decide which state will have the case.
If you have not already done so, you should consult with a family law attorney in each state and show the attorney the filings and orders with each state. This response is based on the brief information you provided. It is not a substitute for the value of consulting directly with an attorney.
Marie Zawtocki, Zawtocki Law Offices, PLLC
Answered on Dec 11th, 2017 at 8:30 AM