Tips on How to Reconnect with an Estranged Child

Some parents have estranged relationships with their children. Whether the estrangement was caused by bad decisions, alienation by the other parent, geographical constraints, service in the military and separation from the child for a long period of time, or other reasons, there is no better time than the present to take the first step. Some parents might be afraid of being rejected by their child, but children need their parents. Taking the first step to reconnect can sometimes be the hardest, but it is also the most important.

Take the initiative to reconnect.

There is no manual on how to be a perfect parent, and there is no perfect parent. As a parent, if you do not have a relationship with your child, the worst thing you can do is sit back and think, “He will come to me when he is ready.” If you are a parent in this situation, you must take the initiative and set a good example by doing the right thing. Reaching out to let your child know you care or going to court to get court ordered time to spend with your child is an important first step.

Focus on the present, and get to know your child.

When you are with your child, focus your time on the present and the future. What events is your child involved in? What school projects is your child involved in? Who are your child’s teachers? What is your child’s best friend’s name? What activities is your child interested in? Is your child being bullied at school? Ask questions. Your child will appreciate your interest and will derive confidence from having a positive relationship with you. Do not focus on the past. Do not speak ill of the other parent. Do not discuss your hardships, whatever they may be.

Set a schedule and be committed to building the relationship.

If you go through the court system to establish or re-establish a regular schedule with your child, be proactive, prepared and persistent. There may be steps you have to take before you can get the schedule you want, and it may take time. Do whatever you have to do to rebuild the relationship, and do not give up. It will mean the world to your child.

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What is Collaborative Law?

When you hear the word “divorce,” you probably have an image of what the process will be like.  Perhaps you assume that each party will hire an attorney; take a polarized negotiation position; and repeatedly go to court to fight over issues of property division, custody, and spousal support.  Perhaps you fear that after years of failed negotiation attempts, a judge who does not know you, your children, or your family will decide issues that affect every aspect of your life.  Perhaps you believe that litigation is the only method through which you can get what you want or are entitled to in a divorce.  That belief is not true.  There is another process: collaborative law.

What is collaborative law? Collaborative law is a dispute resolution process through which spouses can obtain a divorce and settle all related issues cooperatively.

Do I still retain an attorney in the collaborative law practice? Yes.  Each spouse retains a collaborative law attorney to represent him or her.  However, in addition to the attorneys, the spouses also retain additional professionals who will act as an interdisciplinary team to assist them in facilitating the divorce process.

Who is on the “team”? The parties may hire a mental health professional to act as a “coach.”  The collaborative coach is not the parties’ therapist.  Rather, the coach uses his or her professional training to assist the parties in managing their emotional or psychological issues that might impede the divorce process.  The coach will facilitate communication and dialogue between the parties and other team members.  If the parties have children, they may hire a child specialist, a mental health professional with specific training in working with children and families with children.  The child specialist may assist the parties in creating a joint parenting agreement that works for all parties involved.  The parties may also hire a neutral financial specialist, who assists the parties in gathering, understanding and analyzing financial information.  The financial specialist may explain to the parties what their estate is worth and provide different options on how the estate can be divided.

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U.S. Supreme Court Will Address Gay Marriage

As a follow up to my last blog post, on Friday December 7, 2012, the United States Supreme Court announced that it would hear, not one, but two gay marriage cases.  The first is Windsor v. United States 699 F.3d 169 (2012), which comes out of an October 2012 ruling from the Second Circuit Court of Appeals, and was the subject of my prior post.  The second case, Perry v. Hollingsworth 704 F.Supp 2d 921 (N. D. Cal 2010) comes out of the 9th Circuit in California.

In the Windsor case, Edith Windsor challenged the Defense Of Marriage Act (DOMA), alleging that it violated the equal protection clause of the United States Constitution, when she was required to pay more than $363,000 in estate taxes on property she received from her same sex spouse.  (The couple was legally married in Toronto in 2007, but resided in New York).  While opposite sex spouses are allowed to transfer assets to their spouse upon death without paying estate taxes, under DOMA, same sex spouses do not receive the same estate tax exemption – thus the finding that DOMA prevented Ms. Windsor from receiving equal protection under the law, in violation of the U.S. Constitution.

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A Practical Guide to Navigating Visitation Disputes

All too often, litigants work tirelessly to finalize a comprehensive parenting order only to have disputes over parenting time after the order is entered.  The purpose of this article is to provide a few practical tips to deal with these common problems, including some new remedies for litigants provided by recent amendments to the Illinois Marriage and Dissolution of Marriage Act.

  1. At a minimum, document the situation. If you do not wish to involve police or courts, at a minimum you should document a violation in a letter or email from you or your attorney.  Courts typically do not sanction someone for a single, isolated violation.  By documenting repeat violations, you will be able to show a clear pattern of behavior to the court should you choose to use court action to enforce the order.  If you feel that a child should not attend a scheduled visitation for a justifiable reason (i.e., to prevent abuse), you should document your reasoning and contact your attorney to address how best to handle the issue in order to avoid being held in contempt of Court for violating an order.
  2. Contact the police in appropriate circumstances, but exercise discretion. Visitation interference is a crime in Illinois, and a parent who commits unlawful visitation interference is guilty of a petty offense.  Upon a third conviction of visitation interference, a party is guilty of a Class A misdemeanor.  So if a parent is refusing without justification to return a child, it may be advisable to contact the police.  Keep in mind that, as a practical matter, non-emergency visitation issues are often assigned a low priority by police given their heavy workloads, particularly in urban areas.  A local law enforcement agent advised that police typically give one or two warnings prior to issuing a citation for visitation interference.  So it is important to ask the officer to write a ticket for the other parent’s visitation interference.  If the officer writes a police report, request a copy of the report.   In non-emergency situations, it is important to exercise discretion when involving the police to minimize any impact on the children.  Police officers will usually meet the reporting party at a location near the site of the violation (usually the other party’s home) and will make efforts to address the situation without involving the children.
  3. Keep a certified copy of your order handy. You should always have a copy of your visitation order in a readily accessible area.  The visitation order is the first document a police officer will request when responding to a visitation issue.   Some officers will insist on seeing a certified copy of the order.  Any visitation order may be certified (or authenticated) by the Clerk of Court for a nominal fee.
  4. Enforce the order in court. Unlawful visitation interference is infrequently prosecuted as a criminal matter, but the Domestic Relations Court retains jurisdiction over child related matters and presents another avenue for enforcing visitation orders.  The Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) provides expedited procedures for addressing visitation abuse.  Governor Quinn recently signed into law the Steven Watkins Memorial Act, which strengthens the sanctions that the court may impose under section 607.1 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/607.1).  Under the new rule, the court may suspend a violator’s driving privileges, place a party on probation, sentence a party to periodic imprisonment for a period under 6 months, find the party guilty of a petty offense, and fine them up to $500 for each finding of visitation abuse.
  5. Do not involve the children. Avoid discussing the visitation dispute with, or in front of, minor children.   Courts react favorably to the party that attempts to shield the children from conflict and puts the children’s interests first.

Keep in mind that each case is fact-specific, and if you have doubts about how to address a situation, contact your attorney.

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Supreme Court Still Quiet on Gay Marriage

There are presently 10 pending appeals potentially before the Supreme Court addressing the issue of same sex marriage.  8 of the 10 appeals directly challenge the controversial Defense of Marriage Act (DOMA) on equal protection grounds.  DOMA has already been declared unconstitutional by the 1st and 2nd Circuit Courts of Appeal, as well as by other courts.

It is almost certain that the Supreme Court will address the constitutionality of DOMA on equal protection grounds.  However, the Court can decide which case it will hear to determine the issue, and many legal scholars are eagerly awaiting a decision by the Court as to which case it will hear.  The Justices addressed this issue on Friday, November 30, 2012, but reached no conclusion.  They are expected to address it again when they meet tomorrow, but it is not certain that a decision will be reached before the long holiday recess.

Another appeal potentially pending before the Court has been filed by Massachusetts Attorney General Martha Coakley and raises a separate challenge to DOMA.   Coakley argues that marriage is a matter of state law, and DOMA, a federal law, violates the state’s rights under the 10th Amendment (quick refresher – “The powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”).

The final appeal deals with California’s “Proposition 8”, which was ruled unconstitutional by the Ninth Circuit Court of Appeals.  Proposition 8 amended the California State Constitution to include the phrase that “only marriage between a man and a woman is valid or recognized by the state of California.”

Even if the Court decides the DOMA issue, it is uncertain whether it will address the Massachusetts appeal or California’s Proposition 8.

Be sure to check back for an update!

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Instant Replay Creates All Kinds of Issues

Article originally appeared in the November 27, 2012 issue of the Chicago Daily Law Bulletin written by Thomas F. Villanti and Evan D. Whitfield


Major League Baseball (MLB) is deciding this off-season whether to extend instant replay to other areas of the game.  Meanwhile, former LA. Dodgers owner Frank McCourt is facing his own instant replay issue this off-season.

After 30 years of marriage, a reported $20 million in attorney fees and a divorce settlement that awarded Jamie McCourt $131 million, McCourt finds himself back in court.  McCourt’s ex-wife is requesting that the court set aside their June 2011 divorce decree based on her ex-husband’s misrepresentations as to the value of the Dodgers.  During the divorce litigation, McCourt stated in court documents that the value of the Dodgers was about $300 million.  However, the one time MLB franchise owner recently sold the Dodgers for a record setting $2.15 billion to Guggenheim Baseball Management (leaving McCourt with a reported 93 percent or roughly $1.7 billion of the marital assets).  The alleged massive misrepresentation of the Dodgers’ value caused the former Mrs. McCourt to demand a review of McCourt’s home run agreement, crying it was foul.

In California, under Section 2122 of the California Family Code, there are five grounds to set aside a judgment including actual fraud, perjury, duress, mental incapacity or mistake (CA FAM Sec. 2122).  Considering that the recent sale realized a value of $2.15 billion, Jamie McCourt’s attorneys stated in the Los Angeles Times that even if McCourt’s figures were the result of mistake rather than fraud, the settlement should be set aside based on the errors.

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A Joint Parenting Agreement is a Contract

When parties are negotiating terms of a Marital Settlement Agreement (MSA) or a Joint Parenting Agreement (JPA) at the eleventh hour, they might be inclined to make concessions for the sake of “getting it over with.”  Perhaps the parties are inclined to insert a provision into the agreement that will not take effect for a couple of years and assume they will deal with it at that time.  However, parties should be very aware of and sensitive to the language in such an agreement because a court is likely to enforce the terms.

Recently, the Illinois Supreme Court reiterated the enforceability of a JPA that was incorporated into a Judgment of Dissolution.  In In re Marriage of Coulter, 2012 IL 113474, the parties agreed in the JPA that the mother would not remove the children to California for the first 24 months after entry of the JPA.  If the parties were unable to reach an agreement between the 24th and 36th months, the mother was free to remove the children to California without any contest from the father.  Before the expiration of the 36th month, the father filed an emergency petition seeking to enjoin the mother from removing the children to California.
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Infidelities of the Rich and Famous

There is nothing shocking or new when we hear or read about actors, actresses or others in the entertainment world “sleeping around”.  Affairs, multiple marriages, and divorces seem to be the norm.  Society does not seem to fault them and, indeed, is entertained reading and hearing about their affairs.

In the nineties we started reading more and more about professional athletes, although married, having children out of wedlock.  Indeed, one legendary basketball player claimed in his autobiography to have slept with over a thousand women.  Despite the pain and hurt these affairs among athletes caused them in their personal lives, the public does not appear to be surprised or critical.  The only consequence has been the loss of endorsement contracts where the endorsed products  are marketed to “families”.  Of course, the definition of “family” has changed over the years, but that is another story.

About 15 years ago we became more and more aware of leaders in government having extramarital affairs.  The President of the United States was almost removed from office because of such a liaison.  A U.S. senator and governor have resigned as a consequence of getting caught.  Now we see that the Director of the CIA, our country’s most trusted secret agency, that depends on integrity and secrecy, has had one recent extramarital affair if not more. His resignation was unavoidable despite his incredible career accomplishments and outstanding qualifications for the job.
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Holidays and Divorce – Tips for Enjoying the True Spirit of the Holidays

The holidays evoke universal feelings of peace, joy and hope.  Yet, for some individuals going through the difficult process of a divorce, the mere mention of the holiday season causes anxiety.   While it may seem impossible to enjoy yourself in light of your situation, rest assured it is not.  Following just a few tips during the upcoming months may be all you need to enjoy the true spirit of the holidays.

Own your Feelings

Do not let the  divorce process take control of your emotional life.  Acting out of anger clouds judgment and takes time away from resolving the issue at hand. You may feel like your spouse is  trying to interrupt your holiday plans  or place financial constraints on your budget, but do not react with retaliation. Instead gather all the facts and work on a plan with your attorney.  Taking emotions out of the situation will allow you to return your attention to the holiday season.

Focus on your Family

Remember that family encompasses children, relatives and your extended family.  If your kids are with your spouse or ex-spouse, use that time to join the festivities and traditions of your extended family.  Reach out to friends, both old and new, to help you summon the joy of the season and never forget that laughter is the best medicine.

Embrace Change

There is no denying that change is difficult, but rising to the occasion will ease the journey.  Once you understand that you cannot stop change, you will be able to cope with the differences in a healthy way.  Remember that your children’s lives are changing too.  The better you handle yourself, the easier it is on your children to manage the stress of the holidays for themselves.

Ask for Help

All of us need a comforting hand once in a while.  If you find the time of the year coupled with the pressure of a divorce too hard to handle, ask for assistance.  Friends that have gone through or are in the process of a divorce themselves are usually willing to lend an ear.  If you feel uncomfortable sharing with people you know, your attorney will be able to recommend a professional for you.

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Athletes Try to Keep Proceedings Quiet

Article originally appeared in the October 23, 2012 issue of the Chicago Daily Law Bulletin written by Thomas F. Villanti and Evan D. Whitfield


The phrase “There’s no such thing as bad publicity” is most frequently linked to Oscar Wilde’s “The only thing worse than being talked about is not being talked about.”  In the world of NASCAR, many NASCAR drivers love publicity no matter the form.  However, not everyone associated with NASCAR likes publicity, good or bad, when it comes to their personal confrontations.  NASCAR’s Chairman and Chief Executive Officer Brian France is taking steps to keep his family confrontations in his post-divorce proceedings private.

Between 2001 and 2008, France and his ex-wife Megan France got married, divorced, married again and divorced again.  The parties’ second divorce settlement agreement, which contains a confidentiality clause, is currently under seal and is the subject of intense post-divorce litigation that has made its way to the North Carolina Court of Appeals.

The post-divorce litigation began in 2008 when France obtained a favorable ruling from a trial judge granting him the right to file a sealed lawsuit against his ex-wife alleging her breach of the settlement agreement’s confidentiality clause.  The trial judge ordered the entire complaint, including his order, placed under seal,  Late last year, on motion of a local media company, the Charlotte Observer, the judge now presiding over the case overturned the order sealing France’s litigation, affirming the public’s right to legal transparency.  France has since appealed that order, temporarily stalling the disclosure of his divorce and post-divorce actions.

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