Family & Safety

Try to work out the problem with the other parent first. Do not threaten or argue with them. 

If you are having trouble talking to the other parent, you may want to try mediation. In mediation, a mediator will help the two of you work out the problem. Referrals for mediation are available through the Center for Conflict Resolution at (312) 922-6464. Referrals to private mediators are available on the Mediation Council of Illinois website.

If divorce mediation doesn't solve your problem, you may want to go to court to enforce the judgment or order.

If you don't already have one, you will need to get a copy of the parental responsibilities order. 

You will need three copies of each of the following documents:

• Order for Parental Responsibilities       
• Petition for Rule to Show Cause
• Notice of Motion

You can use the Petition for rule to show cause program to create these forms. 

The petition must say:

• Your name, address, and telephone number
• The respondent's name and place of residence, place of employment, or address
• What the violation of the order was, including dates and other relevant information
• What ways you tried to fix the problem outside of court
• What you are asking for

Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption. 

There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list their fees on their website. 

If you qualify, you can get a Fee waiver. A fee waiver allows you to file for free or at a reduced cost.

How you will find out about the court date (or hearing date) and time depends on how you filed your case.

• E-filing: The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk. 
• Paper filing: If you filed in person at the courthouse, the clerk will let you pick or they may pick for you.

Electronically filing documents? Add an Optional Service to send notification by registered mail or E-Service System that sends and verifies receipt of the email to the respondent.

Paper filing documents? Send a copy to the other parent of the Petition for Rule to Show Cause stapled with a Notice of Motion. Make sure to take the envelope to the post office and request certified mail with a Return Receipt, which will provide you with an electronic or physical delivery record showing the recipient's signature so you can prove to the court that the package was received. After mailing, you should fill out a Certificate and Affidavit of Delivery and bring copies of these with you to court.

Note: You must complete this step at least seven days before your court date. 

You must remember to bring a copy of your Notice of Motion and Return Receipt with you to court. If you don't bring these papers to court with you, the judge may not let you present your case.

You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice, meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge. 

To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:

• Plaintiff's or Petitioner's name
• Defendant's or Respondent's name
• Case number
• Judicial circuit
• County
• Division
   

If you are filing a case, you are called the plaintiff (or sometimes the petitioner). If a case has been filed against you, you are called the defendant (or sometimes the respondent).

Bring these items with you to court:

• Copies of all the documents you filed with the Circuit Clerk 
• Any witnesses you want to testify 
• Any documents you want the judge to look at 
• A photo ID
• Any notes you have made or printouts from websites with information that you find helpful
   

Follow these suggestions when going to court:

• Be polite and dress the way you would for a job interview;
• Get to the courthouse at least 30-45 minutes before your hearing time;
• Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk;
• Check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat;
• Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom);
• Listen for your name or your line number to be called, and then step up to the bench;
• Be prepared to swear to tell the truth and to answer questions truthfully;
• Explain briefly the issue you would like to address before leaving the courthouse;
• Listen for the court to tell you what will happen next, after hearing from you and the other side;
• You should receive a copy of whatever order is entered that day. Don’t leave the courtroom without it.

After you and the other parent have had a chance to speak, the judge will make a decision. It can often take several court dates for the matter to be resolved. This means that the judge may not make a final decision on your first trip to court.

If the judge does not believe the other parent disobeyed the order, your case will probably be dismissed.

If you notify the other parent of the court date and they don't come, the judge may try to make them appear. The judge will enter an Order on Rule to Show Cause . This says that the other parent must appear in court on a certain date for a hearing and show cause to the court why they should not be held in contempt of court for violating a court order on purpose.

If the judge believes that the other parent disobeyed the order without a good reason, the judge could find them in contempt of court. If the judge finds the parent to be in contempt, the judge will decide on a punishment. This could be a fine, counseling, or even a jail sentence of up to six months.

The judge may order both of you to mediation to try to fix the problem. The judge could also make changes to the order to make it work better.

If this is your first time going to court, learn more about the process of Going to court in Illinois.

If the judge enters an Order on Rule to Show Cause , you should get a copy of the order for yourself and another copy to give to the other parent.  

If the other side has a lawyer, and the lawyer prepares the order, make sure you read it before it is presented for the judge's signature. If you disagree with the order, try to work out the problem with the lawyer. If that does not work, tell the clerk you need to speak to the judge again.