For actions brought pursuant to the Animal Control Act, both statutory law and common law are controlling. The Illinois Animal Control Act states:
If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby. 510 ILCS 5/16. As a result, you should pursue civil damages for a dog bite if the following are present in your circumstances:We are often asked, should I attend this case management conference. First, for any court hearing attendance question, read the summons, notice of hearing, or court order that made you aware of the hearing and be sure it doesn’t demand your appearance. If it does, then that is your answer. Usually though, a case management conference doesn’t require a parties’ attendance, but that may not always be the case. Be sure to read the document that you received making you aware of the hearing very closely to ensure it does not specifically require your attendance.
What is a case management conference generally?
The principal goal of a case-management conference is to determine the future course of the litigation. Typically, the attorneys report the Judge what progress has been made and anything that is delaying progress (progress in this sense meaning moving towards resolving the conflict at issue). Deadlines and future hearings are set. Basically, the Judge is asking the Parties, how do you think we should best move this case forward and why, then the Judge makes determinations via deadlines, hearing dates, and orders about how to move the case forward to either trial or agreement.
What specifically will be addressed in a family law related case management conference?
Among other scheduling issues, the Court wants to know if everyone has completed their parenting class and filed their certificate. I like my clients to have this done before the first case management conference. Has mediation been completed? Again, I don’t think the Court should have to order Parties to mediation. Why not get that done and move things along because it is required so long as there is not an impediment to mediation (like an order of protection or other domestic violence/safety related concerns).
Will the court make findings of fact (determine evidentiary issues) at a case management conference?
Unless the case management conference is set with something else like a temporary matter, no, the Court will not hear evidence and will not make determinations of fact. This hearing is more procedural (scheduling related in a sense) than substantive (what are the facts and how will the court rule on big issues).
Is it helpful to my attorney that I attend the case management conference?
So long as the Court has not required my client to attend a case management conferences, I generally do not ask my clients to attend, though I welcome their attendance. I understand that clients must balance time off for court with work and other obligations. You need to save your PTO for other more substantive hearings if that is a concern. I need clients to attend pre-trial hearings, settlement conferences, and any hearing requiring testimony. If you can attend, I prefer my clients to attend, as you will better understand the process and keep better apprised of the events in your case if you are there and see it firsthand. It may also help ease nerves at future hearings where testimony may be required.
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]]>neither parent demonstrates bad faith and both have
assiduously exercised their parental responsibilities and
parenting time. No matter the outcome, one party's life will
be affected detrimentally.”
- The honorable James Baber, Ninth Judicial Circuit Court.
Not only are “removal” or “relocation” (past and current legal terminology used to refer to cases in which a parent wishes to move with their child) difficult because one of the party’s life will be affected detrimentally, these cases are difficult for Court’s to decide because sometimes the known is so much more appealing than the unknown. Often times Judges err on the side of caution and determine that “if it ain’t broke don’t fix it,” as some people say. If the children are doing well, have good relationships with both parents and extended family in the area, what is the compelling reason for the move and how does it impact the child(ren)? How does forcing a parent to stay where they do not wish to be impact the child(ren)? Undoubtedly, these are tough questions.
“Relocation” means:
A determination of the best interests of the child cannot be reduced to a simple bright-line test, but rather must be made on a case-by-case basis, depending, to a great extent, upon the circumstances of each case. The court should consider the proposed move in terms of likelihood for enhancing the general quality of life for both the parent and the child(ren). To make the difficult decision, the trial Court considers the following when examining the potential harm and/or benefit of the move to the child:
The burden of proof is on the parent seeking to relocate to establish that the move, considering its possible impact on parenting time with the other parent, as well as all other relevant factors, would be in the child's best interest.
]]>You do not need a court order for mediation. All you must do is decide you want to mediate and call.
We cannot obtain a lot of information from you when scheduling mediation to ensure neutrality is maintained. You will be asked the following however:
You will then work with our team member to identify two or three possible 2–3-hour blocks of time in which you can mediate either in person or via zoom. Once the dates and times are selected, all you must do is let the other party know to call us also to discuss scheduling.
When both Parties have coordinated the selected date and time for mediation, you both will receive a letter explaining the process and requesting information unique to your situation. The mediation will last as long as the Parties are making progress and as schedules allow, but most people are exhausted after two hours. Subsequent mediation times can be scheduled to continue working things out, so long as the Parties are willing to continue to make good faith efforts to resolve their conflict.
]]>After all, when emotions run high, people are unlikely to cooperate with one another. Instead, they may do whatever they can throughout the divorce to win over their spouse, whatever that means to them. Such couples often think that they must go to court and rely on a judge to make major decisions for their family.
Despite what people often assume, mediation can be especially useful for spouses in high-conflict divorces. It may be the only means of reaching a settlement that both parties agree on without litigating in the family courts. Why is mediation so useful in high-conflict divorces?
Illinois state law protects mediation records as confidential in all but the rarest cases. Spouses can discuss matters that they would not want to introduce in family court proceedings. Infidelity, substance abuse and numerous other issues that could potentially influence the property division and custody decisions for the couple could seem too embarrassing to explore in open court.
However, in the privacy of mediation, it may be possible to discuss misconduct and other issues so that the solutions are truly appropriate given the circumstances.
Mediation can involve everybody sitting down together at the same time and having a facilitated discussion. The mediator helps the parties work out a compromise and keep the discussion civil.
However, mediators can also help in a situation where spouses can't even stand to be in the same room with one another. Through staggered meetings or shuttle mediation, where the mediator goes back and forth between rooms, it is possible to keep the spouses separate while still negotiating an agreement. Even in families dealing with safety issues related to abuse, shuttle mediation can allow for an uncontested divorce filing.
Instead of assuming that litigation is inevitable when conflict is intense in the early stages of divorce, it may be better for couples to look into ways to resolve those conflicts before they go to court. Learning more about divorce mediation can help those who believe that a court battle is the only option in their upcoming divorce.
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