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posted on 12/4/16

Most Illinois family law judges place a high premium on parental agreements and co-parenting. They like to see parents work out everyday disputes by themselves without going to court and without involving the children. In fact, in original proceedings, it is often a mistake to hire an overly-aggressive “bulldog” attorney who refuses to agree to anything and contests every move because judges believe such attitudes indicate a lack of respect toward the other parent and an inability or unwillingness to co-parent.

That being said, there can be too much of a good thing, and resolving all disputes by agreement is not necessarily the best course of action. Once the custody and visitation orders are entered, many parents rely on “side agreements” regarding things like parenting time, pickup and dropoff, extracurricular activities, and other matters. Even if they are in writing, these agreements are completely unenforceable in family court, and if a father reneges on such an agreement, a mother has no recourse.

Fortunately, some recent changes to the

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