Do I Need a Court Order to Leave My Home with My Kids?

 Posted on November 24, 2023 in Domestic Abuse

You are not the first person to ask this question. Many people, for many reasons, wonder whether they can simply pack up their children and leave the home they share with their partner. The answer can depend on several factors. Usually, if there is no court order in place regarding parenting time, either parent is free to take their children anywhere in the country they please. So long as the children are considered to be safe with the parent who has them, the court will generally not take action against that parent. Visitation problems in the early stages of a divorce are common. However, it is important to be careful in how you handle parenting time arrangements before you are able to get a court order. How you and your spouse cooperate will be a factor the court may consider later on. It is wise to speak to an attorney before taking any such action, however. 

Leaving a Domestic Violence Situation with Children

One of the most common reasons parents consider suddenly taking their children and going to stay elsewhere is because there is violence in the home. Domestic violence survivors, or parents of children who have been abused by the other parent, often find it safest to simply vanish while the abuser is not home. 

An alternative option is to seek an Order of Protection. This type of order can force your abuser to leave the home. However, it may be safer if you and the children stay in a location where the abuser cannot find you. It is critical to inform your attorney if you are in this situation so that they can help plan to keep you and your children safe. 

Temporary Orders and Agreements

Parents have the option of making temporary agreements regarding visiting time. This is often the best course of action when the children are safe with either parent. It also shows the judge that you are willing to cooperate to put the children first and encourage their relationship with the other parent. 

If no agreement can be reached, the court may enter temporary parenting time orders. However, it can take some time to get temporary orders in place. Either parent may have the child with them during this time in most cases. However, you should know that the court may not look kindly on a parent who deprives the children of time with their other parent in the absence of temporary orders. You should generally only take this course of action if it is necessary to protect yourself or the children. 

Contact an Arlington Heights, IL, Child Custody Lawyer 

Law Offices of Donald J. Cosley will strive to help you determine the best way to exit your marriage based on your unique situation. Don Cosely, a highly reputable Cook County, IL child custody attorney, is committed to fighting for your parental rights. Contact us at 847-253-3100 for a complimentary consultation.