QUESTION

What is "motion to enforce settlement agreement"?

Asked on Mar 13th, 2012 on Family Law - Illinois
More details to this question:
Looked on our county website and noticed the mother (her attorney) filed for a "motion to enforce settlement agreement". She has not talked or seen her child for 2 1.5 years, in the last court order is states she is entitled to have 1 visitation before she moved out of state with a supervised adult of my choice. She left state the next day the order was entered.
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1 ANSWER

No legal advise can be given to you.  A consultation with a local attorney, who can review both the order and motion would be the best suggested plan of action.  As to your inquiry, the practical answer would appear to be that the meaning of that motion is that you are returning to court over visitation matters. It would appear that a prior order, that remains in full force and effect, provided specific date visitation for the mother.  That visitation apparently was not exercised and is not presently being exercised.  By captioning the motion as one to "enforce", the attorney may be looking to compel you to honor the prior order and allow the previously ordered visitation. Since you only reviewed the docket, it would be advisable for you to go to the court house and obtain a copy.  You may also have received a copy in the mail with a notice for a specific court date.  In any event, you should seek out counsel to position you to best respond.  For example, it may be that the order should be modified due to passage of time, her subsequent (in)actions, or something involving the child.  This may be critical, as based upon your email, you have issues with the only court order in place.  With that order granting visitation, a modification of that order may be something you wish to pursue. If you do not wish to return to your prior attorney, most counties have a referral program run through the county bar association.  This will afford you names of experienced attorneys.  You can then review their profiles via internet home pages and set an appointment with an attorney to truly detail your situation and develop a strategy to help you to meet your concerns.
Answered on Mar 20th, 2012 at 2:07 PM

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