What are the laws in Illinios about taking children out of state by the Mother to escape an abusive home?

Question

What would be a spouse's legal action against
an abused wife if she took her children out of
Illiniois state into another if this is the only sanctuary she has

Answer 1

That depends entirely on the situation.

If there are no divorce proceedings, or court orders, a parent can take children where ever he wants (within other legal limitations).

But, if and when a court rules on the matter, disobeying a court order can result in penalties, including fines, imprisonment and loss of custody.

Given the numerous women's shelters, it is unlikely that claiming you had to leave the state would be a valid defense if there is a court order.

And, the burden of proof is on you to prove children are being abused. The majority of such claims have no merit.

If the father files for divorce, you will probably be required to return the children to the court's jurisdiction, and you can go where ever you want.

Answer 2

Here's the short version. Abused or not, unless you have authorization from the court, it's called kidnapping. If the mother is truly abused, proving it should be easy enough to get custody of the children lawfully. Don't risk losing your kids by not following the law. There are resources and shelters for battered women & children. Call your state's attorney's office and they will give you details. Also you can check your local phone directory for women's support groups and resources.

Good Luck. Hope this helped.