Legal Question in Family Law in Illinois

My ex falsely swore she had a court order

My ex completed a Psychologists paper work attesting that the she had a court order for the evaluation of my three sons. The evaluation objective was to find that they wanted to move to Omah from our home state of Illinois. This eval was conducted clandestinely though I am a joint custodian, and later used in her fPetition to Remove.

The kids are now well established in Omaha and I feel i would be destructive to ''make'' them move back. However, I sincerely feel wronged in that the boys were ''set up'' under cloak of darkness to the court's eys in the manner their Mom and her attorney went about this. It actually seems like a civil rights violation, but I'm just expressing my general sense od outrage.

Can I do anything about this as a tort perhaps using Diversity of Citizenship (iIllinoin v Nebraska) as the juridictional reason to file in the US District court.

Any help is greatly appreciated.

Frustrated Dad


Asked on 11/20/05, 8:47 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: My ex falsely swore she had a court order

Good morning -

In my opinion you do have some options. If you

can prove that the evaluations were irregular or

false you can go back to the divorce court and

ask that mom and her lawyer be held in contempt

of court. In the same manner, you could file

a lawsuit in Illinois against mom and her lawyer

for fraud, damages, etc. You could file in

federal court, but the actions which led to your

sons being removed to Omaha were committed in

Illinois. I would not delay in taking action,

if you believe that you can prove these allegations tions. I will be happy to answer any additional questions that you might have.

Read more
Answered on 11/20/05, 9:35 am


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