Robert A. Clifford, founder and senior partner of Clifford Law Offices and columnist for the Chicago Lawyer magazine, wrote an article titled “Seeking An Answer” for the April/May issue on the latest word from the Illinois Supreme Court on tort issues impacting custodial rights cases.
In particular, he examined the recent case of a father who the court said had wrongfully taken his two children out of the country, and the children’s mother brought an action alleging tortious interference with her custodial rights.
The state’s highest court held that this type of tort is not recognized in Illinois, although it is in other states. “It also said the question of whether to allow this type of tort is for the legislature to answer, even in the stark factual backdrop of international child abduction.”
Clifford suggested that “Codification of the tort could deter family members, friends, or organizations from assisting in unlawful abductions.”
Click here to read the article in full.