A Real Client. A Real Crisis.
At O’Flaherty Law, we know that behind every legal case is a human story—one filled with emotion, uncertainty, and hope that someone will step in and make things right. That was certainly true for J.S., a small business owner and devoted dad from DuPage County, Illinois, who came to us at one of the toughest moments of his life.
J.S. was blindsided when he found out his former partner had moved their two kids out of state without notice, without court approval, and without regard to the custody agreement they had in place. The kids were enrolled in new schools and taken away from their home, their friends, and their extended family in Illinois. For J.S., this wasn’t just a legal violation; it was a personal crisis that threatened his relationship with his kids and their emotional well-being.
He reached out to us with a clear but urgent mission: bring his kids home, enforce the existing custody order, and get a long-term parenting plan that would protect his role as an involved and consistent dad.
We Responded Quickly and Strategically
We knew the situation was serious—not only had the other parent violated the court order, but the longer the kids were out of state, the more likely the court might view the move as permanent. Time was working against J.S., so we acted fast.
We filed an Emergency Petition for Return of Minor Children. We argued the relocation directly violated the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and disrupted the kids’ well-being. We gathered evidence that showed how the unauthorized move removed the kids from their school, neighborhood, and support system. We also submitted testimony that showed how this sudden change was harming their emotional health and daily routines. The court granted our request for an emergency hearing.
At the same time, we encouraged J.S. to consider mediation. While we were fully prepared for litigation, we knew if we could find common ground we might be able to resolve things more efficiently and in the best interest of the kids. We worked to negotiate terms that reflected J.S.’s commitment to co-parenting while ensuring he had a meaningful and ongoing role in his kids’ lives.
We Built a Case That Told the Whole Story
We dug deep to show the court who J.S. truly was as a parent. We gathered school records and extracurricular calendars. and communication logs that showed his hands-on involvement in his kids’ daily life. We interviewed teachers and coaches. and family members who provided firsthand accounts of J.S.’s presence and dedication as a dad.
We created a detailed parenting plan that emphasized consistency and minimized disruption. and prioritized the kids’ emotional and educational needs. We showed not only that J.S. had been wronged but that returning the kids to Illinois was the best path forward for their well-being.
We Fought in Court—and Won
Over the next nine months, we represented J.S. through emergency hearings, status conferences, a full evidentiary hearing on the relocation issue, and follow-up review hearings. We remained committed to clear communication—J.S. was never left in the dark. He always knew what was happening, what was next, and what his options were.
Ultimately, the court issued a decision that restored balance and fairness. The kids were ordered to return to Illinois, and DuPage County was reaffirmed as their primary residence. The judge granted joint legal custody, formally recognizing J.S.’s ongoing involvement and importance in his kids’ lives.
A new parenting schedule was put in place, giving J.S. regular overnights, holiday time, and consistent contact throughout the school year. And to protect against future disruptions, the court ordered that neither parent could relocate the kids without first seeking court approval.
What This Case Says About O’Flaherty Law
J.S.’s case wasn’t just a win in court—it was a win for a dad who refused to be pushed out of his kids’ lives. It was a reminder of why we do what we do: to protect relationships, preserve stability for families, and guide clients through moments that feel overwhelming.
We kept J.S. informed and involved throughout the case, giving him the support he needed to make confident decisions. We acted with urgency and intention, balancing strategic litigation with a willingness to compromise where appropriate. And we showed up—because family law doesn’t operate on a 9-to-5 schedule, and neither do we when our clients need us most.