Illinois Family Law Attorney Russell D. Knight Highlights Legal Ramifications of Withholding Parenting Time
In a detailed overview of Illinois parenting law, Illinois family law attorney Russell D. Knight (https://rdklegal.com/withholding-or-denying-parenting-time-in-illinois/) sheds light on the legal consequences of withholding or denying court-ordered parenting time. The insights, drawn from his article “Withholding or Denying Parenting Time in Illinois”, clarify the recourse available to parents whose parenting rights have been violated. As part of the Law Office of Russell D. Knight, the attorney outlines both the civil and criminal implications of such conduct and reinforces the responsibilities parents face under Illinois law.
Illinois family law attorney Russell D. Knight explains that while police involvement is possible when parenting time is denied, enforcement is often deferred to the courts. Parenting time arrangements, once ordered by a judge, carry the weight of law. However, many parents face the reality that law enforcement may avoid involvement unless the order is crystal clear. In such situations, turning to Illinois domestic relations courts remains the most effective route to enforce parenting rights.
“Clearly, prosecuting withholding parenting time in the criminal courts is not a worthwhile endeavor. Any parent whose parenting time is being denied should complain in the civil domestic relations courts,” Illinois Family Law Attorney Russell D. Knight states. This quote underscores the article’s broader argument: legal remedies exist, but they must be pursued through appropriate civil channels rather than relying on police intervention alone.
Illinois family law attorney Russell D. Knight further highlights that under Illinois law, a parent who deliberately denies court-ordered parenting time could be guilty of a petty offense under 720 ILCS 5/10-5.5. Although such offenses typically result in fines rather than imprisonment, repeated violations can escalate to a Class A misdemeanor after two prior convictions. Even before parenting schedules are finalized, both parents maintain the right to access their children. Violations of this right during an ongoing dissolution proceeding may also breach the “dissolution action stay” outlined in 750 ILCS 5/501/1(a).
When parents act in contempt of a judge’s parenting time order, Illinois courts have broad authority to enforce compliance. Judges may impose civil contempt findings, fines, and even jail time to compel adherence. Knight clarifies that these penalties are designed to coerce compliance, not punish. As he references, “They are imprisoned only until they comply with the orders of the court, and this they may do at any time. They carry the keys of their prison in their own pockets,” illustrating how civil contempt differs fundamentally from criminal sentencing.
For more robust enforcement, the article introduces Section 607.5 of the Illinois Marriage and Dissolution of Marriage Act, which offers a structured framework for addressing abuse of parenting time. Illinois family law attorney Russell D. Knight emphasizes that courts may require parenting classes, counseling, makeup parenting time, and the posting of bonds to ensure compliance. This statute not only grants judges additional tools for addressing violations but also underscores the seriousness with which the law treats interference in parent-child relationships.
The statute allows courts to fine noncompliant parents, mandate reimbursement of legal costs, and even suspend driving privileges if necessary. More severely, the law provides for sentencing up to six months of periodic imprisonment, although courts generally prefer remedies that prioritize future compliance and the child’s well-being. The inclusion of parental education and family counseling also reinforces a child-focused approach to resolving disputes.
In circumstances where one parent consistently obstructs the other’s time, invoking abuse of allocated parenting time may serve as a legal remedy for what is commonly referred to as parental alienation. As Knight notes, proving denial of ordered parenting time is sufficient for the court to take action. The emphasis remains on enforcing existing orders rather than establishing psychological conditions or requiring third-party evaluations.
When allegations of withholding arise, parents must file a motion to modify parenting time if they believe the order is no longer appropriate. Courts do not excuse unilateral decisions to disregard orders, even when a parent believes they are acting in the child’s best interest. Emergency motions and protective orders are the proper channels for addressing legitimate safety concerns.
Legal consequences for unfounded accusations can also arise. If a parent is found not to have violated the parenting order after a full evidentiary hearing, the accusing parent may be ordered to pay the other’s attorney fees under 750 ILCS 5/607.5(d). This aspect of the statute serves as a safeguard against misuse of the enforcement system.
The legal protections and remedies described by Illinois family law attorney Russell D. Knight reflect a system designed to uphold parenting orders while balancing parental rights and child welfare. Rather than rely on informal negotiations or police intervention, parents are urged to pursue judicial enforcement when parenting time is denied.
To address violations of parenting time orders, Illinois law provides a thorough, enforceable path through the courts. Filing under 750 ILCS 5/607.5 equips aggrieved parents with legal tools to correct parenting time interference, prevent further denial, and protect a child’s right to meaningful relationships with both parents.
About the Law Office of Russell D. Knight
The Law Office of Russell D. Knight is based in Illinois and focuses on family law matters, including parenting time enforcement, divorce, and child custody. Led by Russell D. Knight, the office offers guidance on legal options within the state’s family court system, helping parents protect their rights under Illinois law.
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