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ADAM International Joins Illinois Fathers, Inc. 

in Support of the Steven Watkins Bill 

Illinois Bill Would Suspend Driver's License for Visitation Violations

Posted on April 21, 2011 on behalf of HHGC law

Illinois family law attorney Cynthia Lazar

 posted an interesting article regarding a bill working its way through the Illinois legislature.

As his parents continue their struggle for visitation with his 4-year-old son, a bill bearing Steven Watkins’ name is making its way through the Illinois General Assembly. Watkins was murdered in 2008 when he went to pick up his son for a court-ordered visitation. This bill would allow the court to suspend the driver’s license of a person like Watkins’ wife who fails to comply with a visitation order.

After passing the House, HB 1604 moved to the Senate for consideration. It landed in the Senate Assignments Committee a few weeks ago but has not been scheduled for a hearing. Since its introduction in the House, eight legislators have signed on as co-sponsors.

We’ve talked about court orders before, and the consequences of violating a court order for child support. This bill would bring penalties for violating court orders for visitation in line with those for child support.

Under the proposed law, if a court finds a person in contempt on a visitation order, the court may order that the Secretary of State suspend that person’s license. The suspension will last until the family court determines the violator has been in compliance for long enough. The bill would allow the court to issue a provisional permit to allow the offender to drive to work or to look for a job.

Procedurally, the bill requires proper notice to the violator and allows the violator 45 days to appeal before the suspension goes into effect.

Other options open to the court would include suspension of the offender’s professional license (not to exceed six months) and criminal conviction for a petty offense, carrying a fine of up to $500 for each visitation abuse incident. Repeat offenders could find themselves in jail, one day for each visitation denial, and subject to a $5,000 bond.

Finally, the bill would allow the court to modify the visitation agreement if a person violates a court order. That decision must be based best interest of the child. Perhaps Steven Watkins’ little boy will benefit if the bill becomes law.


While his ordeal inspired the bill, it’s impossible to know if a law like this would have spared Steven Watkins’ life. His ex-wife’s grandmother was convicted of his murder last year, and the boy’s mother is now awaiting extradition on nine counts of visitation interference.

 

 

  

Proponents of the bill, including Steven Watkins’ mother Penny, said the measure is necessary to ensure noncustodial parents are granted their court-ordered visitation rights. “He (Steven) had several times ran up against opposition from the mother of the child,” Penny Watkins testified before the House Judiciary-Civil Law Committee.

“She (Sidney) was sick, she didn’t feel good, she had wet her pants – several different excuses. Steven would go to the local police, who told him, “We’ll go with you, but if the mother refuses to give you the child, that’s all we can do.”

Supporters said the measure would bring visitation interference penalties in line with those for child support violations. A spokesman for the Secretary of State’s Office opposed enforcing visitation orders by revoking drivers’ licenses. The bill “would set a precedent to expanding our office to becoming an arm of the court to enforce any type of civil ruling.” said Nathan Maddox, inspector general with the Secretary of State.

Jim Covington, representing the Illinois State Bar Association, agreed. “Visitation abuse is already a crime under our statutes,” Covington said.

Another group opposes the bill for a different reason. “What happens more often than not is that battered women in particular get charged with and accused of visitation abuse when they’re really trying to protect their child,” said Vickie Smith, executive director of the Illinois Coalition Against Domestic Violence. “We fully understand all of the dynamics in the Watkins case, but we don’t think criminalizing visitation is the answer.”

 


 

 

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