Hi, it's Wendy Hernandez, attorney and creator of Command the Courtroom. In today's video, I want to talk to you about abuse of process and give you an example of what an abuse of process is, so you don't do it in your case. So, I represent a father and he and the mother share three children in common. Several months ago, the mother obtained an order of protection against the father. However, the judge declined to include the three children on the order of protection. Instead, he granted the mother the order of protection, restraining the father from having contact with her. My client believed that the allegations were invalid and decided to contest the order of protection. We requested a hearing on that order, and we actually prevailed. The order of protection was dismissed. However, it came as quite a shock to both me and my client when the father was served with another order of protection shortly thereafter, within a month or so. This second order of protection was based on the exact same allegations as the first one. In fact, the mother went to another court and wrote down the same facts as she had put in the first order of protection, obtaining the second order within an hour of the first order being dismissed. Chances are, since the first order had just been dismissed, it wasn't in the court system, so the second judge didn't know about it. The mother failed to inform the second judge about her recent court appearance. She got that second order of protection. This was incredibly upsetting to my client and to me because this is what you call an abuse of process. The mother is abusing the process in an attempt to gain an advantage. She is going to different judges to get the...
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How to get custody of a child from an unfit mother Form: What You Should Know
The child's medical records will indicate if he or she has a medical or educational condition, including developmental delays, that would affect the child's ability to care for himself or herself in an appropriate environment. In considering whether to order an examination, the court will consider the parent's medical and social history, as well as other aspects such as the severity of the Unfit Parents in Illinois | Sterling Hughes, LLC The State of Illinois has the sole responsibility for examining any child. However, the parents cannot be ordered to undergo a child care and/or educational assessment without a hearing on the issue. What is a Medical Evaluation? A medical examination (MEC) is a professional evaluation done to determine a qualified diagnosis of a child's medical condition under your doctor's supervision so that you can make a judgment whether you should place the child's best interests first. In Illinois, it is a criminal offense for a physician to attempt to make a child's medical diagnosis without being certified by the Board of Medical Specialties to do so, in a process which requires 2 separate and simultaneous examinations by licensed physicians. As a result, medical exams conducted by any person other than a licensed physician are considered “unprofessional.” For more information, visit the Illinois Department of Children and Family Services website. You can read more about why your doctor is required to provide a medical evaluation here. A MEC is not required if you have no plans to retain custody of the child. However, it may be necessary to have one conducted if you move or change your child's placement. Can a Lawyer Represent Your Self in a Legal proceeding? It's a decision best left to your legal counsel or a private attorney who will review your case and determine if he or she can assist you. However, if you feel you need to present your case through a lawyer, Illinois law allows you to pursue one through the Family Courts. You may obtain an appointment by visiting the Illinois Department of Children and Family Services, and you will be directed to the Family Law Department where you will be shown an appointment schedule and assigned a Lawyer Referral Officer to call for you at the appropriate time.
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