Dear Clients, Colleagues and Friends:
Over the last couple of months our lives have been upended. We have all been forced to make changes and sacrifices – some major and some minor, but all unfamiliar and unsettling.
Schwartz Wolf & Bernstein LLP is here, available and prepared to help guide you in these uncertain times. Please take a moment to click the attached link and watch the video by Daniel Wolf.
Be well and be safe.
Dear Clients, Colleagues and Friends:
Over the last couple of months our lives have been upended. We have all been forced to make changes and sacrifices – some major and some minor, but all unfamiliar and unsettling.
Schwartz Wolf & Bernstein LLP is here, available and prepared to help guide you in these uncertain times. Please take a moment to view the attached video.
Be well and be safe.
While Schwartz Wolf & Bernstein has provided similar advice to our clients during this unprecedented time, the Honorable Judge Darrow, Presiding Judge of the Civil Division in the 14th Circuit, has provided the following language via Memorandum and we have copied same below. Although we do not practice in Rock Island County, the sentiments and advice set forth are appropriate and reasonable. Please review at your convenience.
“As a reminder to attorneys and families, Governor Pritzker's March 20th Executive Order 2020-10, the "Stay at Home Order," does not apply to court-ordered visitation. (See paragraph 14e.) Current court orders are to be followed unless parents and/or guardians agree to other arrangements.
The COVID-19 pandemic has disrupted many lives. It is a highly contagious and dangerous disease. For public and staff safety courts are only able to hold emergency hearings. Each family situation is unique. These are stressful times for all children and cooperation between the adults in their lives is as important as ever. If adults do find themselves locked in conflict, below are guidelines to consider:
1. If there are legitimate and substantial concerns about parenting time, parents and/or guardians are expected to confer and act in good faith, then make adjustments that are in the best interest of the child. If parenting time (visitation) must be changed, both sides should confirm in writing (text, email, U.S. Mail) when parenting time will be made up.
2. Requests to modify or enforce orders pertaining to child custody/visitation or allocation of parenting time/responsibilities will not be considered to be emergencies unless:
a. There is an imminent and substantial threat to a child's health or safety; and,
b. A person's claim of emergency is supported by sufficient sworn facts (not speculation).
3. Illinois law does not allow Orders of Protection to be used in cases where the dispute is really about child custody/visitation/parenting time.
4. Parents and guardians are reminded that if they come to court on the question of parenting in the future, the judge will consider each party's willingness to encourage a close relationship between the child and other parent. All should expect that actions taken during this health pandemic will be scrutinized.
5. Though non-compliance with a court order isn't automatically considered to be an emergency during this health pandemic, all parties will eventually have their day in court. Persons who use the health pandemic merely as an excuse to willingly violate court orders may find their future parenting time with the child cut back. In addition, the offender could be found in contempt of court and face jail time.
6. Attorneys finding themselves under extraordinary pressure to act expeditiously during these times are encouraged to review and/or remind opposing counsel of the mandates contained in Supreme Court Rule 137.”
Please contact Schwartz Wolf & Bernstein LLP at 847.459.4999 for a consultation with respect to any family law issue that you may have. Our firm is still providing our suite of legal services despite working remotely. We are also offering virtual meetings via ZOOM if you would like to talk directly with an attorney in our office.
Stay safe!
SCHWARTZ WOLF & BERNSTEIN LLP
There have been a lot of questions regarding whether divorced individuals, or parties going through a divorce or parentage process, can still see their children during the pendency of Governor Pritzker's Covid-19 Executive Order 8 (Stay at Home Order). The Stay at Home Order issued on March 20, 2020 provides that the transfer of children pursuant to a court order is essential travel and allowed to occur.
Specifically, Paragraph 14(e) of the Stay at Home Order sets forth that "Essential Travel" shall include "travel required by law enforcement or court order, including to transport children pursuant to a custody agreement."
While this is an unprecedented time in our society, the ability of a child to see and continue to have parenting time with each parent is imperative and necessary. This is a fluid and ever changing issue so if there are concerns relating to immunocompromised children, parents, or other family members; one party exhibiting signs of sickness; a party residing with elderly individuals who are at a higher risk of infection; and countless other issues that cannot be expressed in this correspondence, please note that COMMUNICATION WITH THE OTHER PARENT IS IMPERATIVE AND MANDATORY. If there are extenuating circumstances which prohibit face to face parenting time, the use of FaceTime, video chat, or other technology is a good way to keep all parties in touch. Keep in mind that reasonableness and working together will very likely be looked upon in a positive manner if issues arise in court at a later date while the failure to be reasonable or work collaboratively will likely create a negative inference.
I have copied the link to Governor Pritzker’s “Stay at Home” Order so that you can review the Order at your convenience.
https://www2.illinois.gov/Documents/ExecOrders/2020/ExecutiveOrder-2020-10.pdf
Many Circuit Clerk offices are still functional, and the courts are allowing limited court activity, with some courts allowing appearance via technology. While courts may be open for emergency matters, please keep in mind that the bar is set incredibly high for what constitutes an emergency matter.
Please contact Schwartz Wolf & Bernstein LLP at 847.459.4999 for a consultation with respect to any family law issue that you may have. Our firm is still providing our suite of legal services despite working remotely. We are also offering virtual meetings via ZOOM if you would like to talk directly with an attorney in our office.
Stay safe!
SCHWARTZ WOLF & BERNSTEIN LLP
WWW2.ILLINOIS.GOV
www2.illinois.gov
There have been a lot of questions regarding whether divorced, or parties going through a divorce or parentage process, can still see their children during the Shelter-In-Home order. Governor Pritzker's Shelter-in-Home Executive Order issued yesterday provides that transfer of children pursuant to a court order is essential travel allowed to occur.
Paragraph 14(e) of the Shelter-in-Home order specifies "Essential Travel" to include "travel required by law enforcement or court order, including to transport children pursuant to a custody agreement."
Please contact Schwartz Wolf & Bernstein LLP at 847.459.4999 for a consultation with respect to any legal issue that you may have. Our firm is still providing our suite of legal services despite working remotely. Many Circuit Clerk offices are still functional and the courts are allowing limited court activity, with some courts allowing virtual appearance.
Our associate Joshua S. Schwartz received the Avvo.com Client's Choice Award 2019. We want to congratulate him upon the accomplishment!
Schwartz Wolf & Bernstein LLP would like to congratulate Managing Partner, Marc K. Schwartz, and Associate, Joshua S. Schwartz on their recent recognition by their peers and the Leading Lawyers network. Marc was selected by his peers for this distinction in the Leading Lawyers category and Joshua was selected by his peers in the Emerging Lawyer category.
http://ow.ly/6dpy50D2tiw