Ask Me Help Desk - I received notice of foreign judgment for IL in my divorce case what do I do?

Here is as much detail as I'm willing to put out publicly:

My divorce was finalized June/July 2006. It was not smooth. Two years later, the ex spouse moved out of state without notifying me, or anyone else and effectively disappeared for over 3 months. That December, upon advice of counsel, she was served with contempt charges and modification order (she was present in OK when she was served, I was told that was good) while visiting.

She dragged this out 14 months, and eventually settled due to lack of funding on both sides. She was not present or talking to her attorney who withdrew by the end of this ordeal and the settlement was modified decree etc etc.

One year later, I successfully filed for a change of venue to Tulsa County from Payne County. Neither of us lived in Payne county and had no ties, so this is a done deal. This was about 18 months ago. 6 months ago, she moved again, and got married. (she moved a total of 9 times that I know of since we split). Shortly after I was served notice of a hearing of foreign judgment, which now has a court date and I have less than 2 weeks to respond.

Do I file a response in IL court, or OK court? I have been busy reading and don't quite get this.

You respond to whichever Court sent the Notice of Hearing. That response might be that the Court has no jurisdiction. I have no idea from what you've posted if this is the case.

A court in Illinois has a document on file for a hearing, and I received the paperwork from a law firm in Illinois.

I have never been to Illinois. The other details I provided are typically asked for so I provided since they aren't exactly confidential rather a history of things and a matter of public record if you look in the right places.

Given the time frame, the best I can really do is write back, perhaps to the court. I really am unable to make the trip as it was timed just so. I realize this works to my disadvantage as it's best to appear.

More information: the current jurisdiction is Oklahoma, and has been reitterated in every court document that the children have significant ties to this state as do both parents. Also it clearly states Oklahoma is the home state of the children.

Quote:

Originally Posted by JudyKayTee

You respond to whichever Court sent the Notice of Hearing. That response might be that the Court has no jurisdiction. I have no idea from what you've posted if this is the case.

Quote:

Originally Posted by duke0518

A court in Illinois has a document on file for a hearing, and I received the paperwork from a law firm in Illinois.

I have never been to Illinois. The other details I provided are typically asked for so I provided since they aren't exactly confidential rather a history of things and a matter of public record if you look in the right places.

Given the time frame, the best I can really do is write back, perhaps to the court. I really am unable to make the trip as it was timed just so. I realize this works to my disadvantage as it's best to appear.

More information: the current jurisdiction is Oklahoma, and has been reitterated in every court document that the children have significant ties to this state as do both parents. Also it clearly states Oklahoma is the home state of the children.

File proof with the court in Illinois of the following (I am assuming they are all true from your previous post(s)):

An Oklahoma final judgment (or decree) of divorce was entered on such and such a date (attach copy), providing for custody &/or visitation of the children.
You and the children still reside in Oklahoma (prove by affidavit).
Thus the Illinois court does not have jurisdiction under the UCCJEA.

Be sure you include proof of service upon the Illinois attorney, with what you file with the Illinois court.

Contact the court in Illinois and arrange to appear by telephone.

Except for one thing, the children live with their mother. However, my research all day long reveals that is not always a factor. If the custodial parent were to actually plant roots somewhere, that would help her argument as it is she has moved around a lot, and has not settled in any one place for a significant time, and has resided with room mates with her name off the lease in some cases.

I think I have it now, and thank you for the idea to appear by telephone, this would be helpful if they allow it.

On the flipside, there are multiple precedents for this in Oklahoma, but all are different in some way(s) and nothing is actually set in stone.

Quote:

Originally Posted by AK lawyer

File proof with the court in Illinois of the following (I am assuming they are all true from your previous post(s)):

An Oklahoma final judgment (or decree) of divorce was entered on such and such a date (attach copy), providing for custody &/or visitation of the children.
You and the children still reside in Oklahoma (prove by affidavit).
Thus the Illinois court does not have jurisdiction under the UCCJEA.

Be sure you include proof of service upon the Illinois attorney, with what you file with the Illinois court.

Contact the court in Illinois and arrange to appear by telephone.

Quote:

Originally Posted by duke0518

Except for one thing, the children live with their mother. ....

Doesn't matter, actually. If there was a custody determination in the Oklahoma court, and if you still live there, Illinois does not have jurisdiction. Period. End of story.

Goggle "Uniform Child Custody Jurisdiction and Enforcement Act".

I have a copy of the UCCJEA in my hands