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Sample Motion for Summary Judgment

Sample Motion for Summary Judgment

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SAMPLE Motion for Summary Judgment. For study purposes only. Perform your due diligence and adjust to fit your unique situation.
SAMPLE Motion for Summary Judgment. For study purposes only. Perform your due diligence and adjust to fit your unique situation.

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Published by: Tauheedah S. Najee-Ullah El on Feb 07, 2012
Copyright:Attribution Non-commercial

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07/28/2013

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original

 
I
l-12-01
RK.
AnorneyCodeNo.
25521
INTHE
CIRCUIT
COURT
OFCOOK
COUNTY,ILLINOIS
.
COUNTY
DEPARTMENT-DOMESTICRELATIONS
INRE;THE
MARRIAGEOF
JA
HlJW€'
Petitioner
JANE
DE
qsD
lasl
Respondent
MOTTON
r.OR
SUMMARYJUpGMENT
NO\il
COMES
rhe Respondent
herein,-!
ANE
m6
,,by
and
throughher
attomey,Lt
^fDfr
CPfrll/,"tdWrsuant
toand
otherstatutorybasisrecited
herein,
and
insupportthereof,
statesas
follows:
l-
A
Judgment for
Dissolution ofMarriage
(hereinafterrcferred
to
as
JUDGMENT)
which
incorporared
a
MARRIAGE
SETTLEMENT
AGREEMENTinto
the
JUDGMENT
entered
on
January10,
1996.
Z.
Prior
to
the
entry
ofrbe
Judgmenr,
an
AGREEDJOINT
PARENTING
AGREEMENT
AND
ORDER
was enlered
by
the
Court
in
July,
l995.which
wasincorporatcd
into
theJutlgment
ent€redon
January10,
t
996.
3.
The
two minorchildren,
Petitioner
and
Respondent
each
resided
in
Cook
County,
Illinois
at the
time
that
the
JUDGMENT
was
entered.
4.
ThenamesandagesofrhetwominorchildrenareDANIEL
D€
Uon
gltSftt
and
now
t0yearsoldandA||DREWDO€
|lrlnelr-p{
nowage
6
yearc
old.
5'
ThePetitioner,on
or
about
December
28,
I
999,aoer
three
years
of
co-parenting
1
53
 
thetwominor
childrenin
accordance
with
the
JLJDGMENT,withournolice
to
theRespondentandan
Order
of
courl
illegally
and
in violation
of
statule,removedthe
minor
children
from
their
peer
groups,
schools
and
lhedaily
contact
with
the
Respondent,
in
CookCounty,
Illinois
and commencedapermanent
residency
for
himself
andthe
children in
San
Anlonio,
Texas,where
he
now
resides..
6.
The
Preamble
rotheJoint ParentingAgreement
and
order
drafled
by
rhe
Petitioner'sattorney,and accordingly,
based
uponcontractualconstructionis
construed
as
his
work
product,
recites
as
follows:
I.
Preamble
As
porents,
we
wish
to
secure
lhe maximam
involvemenl
and
cooperation
of
both
of
ourselvesconcerningthephysicalrmentel,moral,andemotionalwell-beingofourchildren.
Thisinvolvemenl
andcooperation,
hre
agree, is
in
the
best
interests
of
out
children.
ll/e
wishto
share
in
decisions;ond
by thk
agreement
producesn undcrstanding
ofour
rightsandresponsibilitiesconcerning
lhe
personal
care
of
our
children.
In
so
doing,
we
wkh
to
continue
to
develop
in
theminds
of
our
childrenthefeeling
of
comfort,
securig,love,
warmth,and
olfeclion
thot
arises
in.
our
children's realizalionthatboth
ofus,
as
their
parenls,
are
pafiicipating
in their
upbringing.
lle
wish
to
giv,e
our children
the clear
message
that
theJ,
are lovedend
wsnted
by
eaci
oyu{
*at
thqr
canloveusand be
with
us,
that
they hove a
sense
of
importance
in
our
fomily
-
nowreconstituled
in
twohoaseholds.
We
want
our
children
to
have
the
knowledgethat
we
wil!
use
our
best
efforls
to
joinlly
care
for
them and
thal
our
children
will
have
physical
access
to both
of
us,
All
of
thcsefoctors
we
consider
to bc
imporlml
lo the
developmcnt
of
their
se$-esteem
and
to
fulfill
theb
potentiol
as ,hEt
grow
to
adulrhood
Wc
wish
to maximize
theinwlvementof
each
of
us
in
all.
aspects
ollhegrowth
anddevelopment of
oar
children.From
thecare,
upbringing,andnunaringof
our
children,
the boruling
b*eeen
each
of
usand
ourchildren
will
grow.
In
formulating
our voluntary
agreemenl herein,
it
is
our
intentionto
be
flaiblcin
arriving at
resolations to
serve
the
developmental
needs
ofour
children
and
tocchieye
thc
purposes
we
hovcstoted
7.
TheJPArccites
"Theporent
hoving
day
to
daypossession cav
mslrclecisions
of
a
moment
effeaing
the
chlldren.
Substantial
decisions
of
a longcr
tcttn
conseqxences
inclading
but
nol
timited to
education,
religion,
cultural
snd
srtktic
training
and
generalwelfare
will
be
resolved by the
consensus
of the
percnls.Howeter,
if
lhe
partics
are
unablelo
reach consensus
regordingany
ofthe
aforementioned
issucs
father
shailheve
theJinal
decision,'JPA
Par.
3
8.
This
cause
of
action
is
being
filed
in
conformiry with28USC
Sec.
l7j8A.
56
 
9.
Illinois
has
sole
jurisdiction
over
the
subjectmatter
and
rhe
Partieq
JOI+rr/
b1d
.'a
JAUE
DA{
'.,andrherwo
minor
chitdren,.
DANIEL
ANDANDREW'DO€..
10.
750
ILCS
5/609
states
in
part:
Sec-
609.
Leave
to
Remove
Chiklren.(a)
The
court
ma!.granl
leave,
before
or
after
iadgmenl
toony
perty
hovingcustodyofany
minorchild
or
childien
to
remove
such
child
orchildren
fromlllinois
whenever
such
opproval
is
in
the
best
interests
ofsuch
child_orchildren.
The
burden
ofproving
thotsuch removal
is
in
the
best
interests
ofsach
ihild
or
children
is on the
party
seekingthe
removsl
(b)Beforea
minorchild
is
temporarily
rcmovedfromlllinois,
the
porentresponsiblefor
the
removal
shall
inform
lheotherpatent,
or
the
other
porentts
attorney,
of
theiddress
ind
lelephonenumbcr
where
the
child
may
be
rcached daring
the
peiod
of temporaryremovol,and
the
dateon
which
the
chill
shall
return
to
lllinois.
The
Statc
of
l0inois
retains
jarisdiaion
whenthe
minor
child
is
absent
from
rhc Stste
pursuanl
lo
this
subsection.
I
l.
Case
law
citescertain
criteria wHchtbe
Petitioner
must
meet
to
seek
(notapprovg
post
faeto,rernoval),
lo
wit:
ThelllinoisSupreme
Court
identiliedfivefaclorslorthe
courrtoconsiderin
determining
whelher
a
proposedremoval
is
in
the
b*t
interests
of
the
child
sought
to
be
removed.
Thefactors
robe
consideredore
(1)
the
likelihood
lha!the move
*ill
enhonce
the
generalqaality
of
ldc
for
both
lhe custodialparentandthe
child;
Q)the motivet
ofthccustodialparent
in
seehing
thi
moveto
determinewhelherthe
removol
is
macly
a
rase
intended
lo
defeat
orfrustrste
visitation;
(3)
lhe
motives ofthc
noncustodial
prrcnt
in
resisting the
removal; (1)
the
visitation
ights
of
the
noncastodisl parent;and(5)
whaher
a
rcalislic and
reasonable
visitotion
schedule
csn
bcreoched
if
thc
moveis
aUowed-
In
reBranham.24E IILApo.
3d
EgE.
I!7
IIL
Dec.
596.61
7
N.E.2II
l1I7
H
DisL
1993|.
l2-
Pelitioner
has
caused to
b€
filed
a
pleading
entitled:
.PETITION
FOR COI.TRTAPPROVAL
OFREMOVAL
OF
MINORCHILDREN;" in
essence,
asking
this
Corut
lo
violate
750
ILCS
5/609,and
to
"approve"
a
postfacto
act
oftbe
Petitioner,
without
legal
authority.
-
l3'
Paragraph
2
of the
Petitioncr'spleadingacknowledges
thatthe
Petirioner
*failed
to
petition
this
Conrtfor
removal
of
thc
childran.o
JI

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