COVID-19 and Cook County Family Law Cases
Colleen M. Hurley • April 1, 2020
COVID-19, also known as the novel coronavirus (2019-nCoV), seems to be at the forefront of everyone’s minds as it sweeps international headlines. At a time like this, the health and safety of you and your family are more important than ever before. If you are going through a family law matter, you may also have some questions about how this may impact your case.
Beginning mid-March, the Presiding Judge of the Domestic Relations Division in Cook County issued a number of orders in the wake of COVID-19, to address how family law cases will be handled in the face of partial court closure from March 17, 2020 through at least April 15, 2020. Most of those orders have now been extended through at least May 17, 2020. The partial court closure is in the interest of public safety due to the risk of the spread of COVID-19. If you are going through a family law matter, here is what to expect:
- Unless there is a subsequent order, it is expected that the Circuit Court of Cook County will return to normal operations on May 18, 2020.
- To the extent reasonably possible, until May 18, 2020 or based or subsequent order, all hearings shall be conducted via videoconferencing, and no more than 10 persons shall be in a courtroom at a time, each maintaining at least 6 feet of distance from each other.
- Generally, except as otherwise set forth in Orders, from March 17, 2020 through at least May 17, 2020, Circuit Court of Cook County will not be in session at the Courthouses except to hear civil emergency matters. These matters must be true emergencies. There will be two assigned emergency judges in the Domestic Relations Division per day at the Richard J. Daley Center, in Courtroom 1903 and 1905.
- Any emergency pleading or motion must be submitted via e-mail to the court staff by 4:00 p.m. the evening preceding the day that the motion is to be presented, unless the emergency occurs overnight. It shall then be forwarded by the staff to the Emergency Judge the following day, who will review and determine whether there is a prima facie emergency.
- If there is one, the Court will then either: enter an ex parte order, allow the other side time to respond, conduct a hearing via telephone or Zoom with the parties, or, as a last resort, having the parties and/or attorneys appear in person for the hearing.
- Petitions for Emergency Orders of Protection shall be heard at 555 W. Harrison, Chicago, and in Municipal Districts 2, 3, 5, and 6, and when sought in connection with the Domestic Relations of Probate case, at the Richard J. Daley Center, and petitioners may participate by videoconference. -
- Absent any individual superseding order, any Emergency or Interim Orders of Protection that are set to return or expire on March 17, 2020 through and including May 15, 2020, are extended and rescheduled.
- If existing Plenary Orders of Protection are set to expire between March 17, 2020 and May 15, 2020, litigants may submit a Motion requesting an extension of the same via e-mail, which will be ruled on by the Emergency Judge within 48 hours.
- Existing Temporary Restraining Orders and Preliminary Injunctions scheduled to expire between March 17, 2020 and May 17, 2002 are extended and return dates for the same are rescheduled 30 days out. New requests for Temporary Restraining Orders and Preliminary Injunctions will be ruled upon based on the pleadings filed and returnable 30 days from the date they are ruled on.
- During this time period, parties may proceed to have uncontested oral prove-ups done remotely if the parties agree and electronically submit all necessary documents to the Court ahead of time.
- Agreed Final Orders and Agreed Qualified Domestic Relations Orders, which do not require an oral prove-up, may be submitted electronically to and entered by the Court remotely on agreement of the parties.
- Body attachments issued pursuant to a proceeding for nonpayment of support or maintenance are stayed for 60 days.
- A party may file a motion for non-emergency relief, setting the motion for presentment for the next regularly scheduled date in which Court resumes. Parameters for an automatic briefing schedule have been detailed. From there, the Court may communicate whether it will issue a written ruling, conduct a remote argument or hearing, or defer to a date in which the Court returns to full operation.
- The Court may, in its discretion, set a matter for a pre-trial conference, case management conference, or a hearing where requested.
- During this time period, for purposes of parenting time and determining the right to possession of and access to a child, the regular parenting time schedule set forth in Parenting Time Schedule Orders and Custody Judgments shall control, and shall not be affected by school closure arising from an epidemic or pandemic, and such closure shall not be considered a “day off from school.”
- Nothing here, however, prevents the parties from altering a possession schedule by agreement if allowed by their court orders. Parties are strongly encouraged to act in the best interest of their children and are admonished from taking any action that would imperil the physical health of a child, including unnecessary or discretionary travel.
- Temporary Agreed Orders may be submitted to the Court for entry via e-mail submission.
- Family Mediation Services shall not conduct emergency intervention or custody evaluations.
- Joint-Simplified Dissolutions of Marriage will not be heard, except in the event of an emergency.
- All Domestic Relations Judges working remotely shall be permitted to finalize orders in their regularly assigned matters.
- Motions for Appointment of Special Process Server shall be granted if submitted electronically and not accompanying a request for Order of Protection.
- Generally, all Domestic Relations cases involving the Cook County State’s Attorney’s Office are continued to the closest day that the Cook County State’s Attorney’s Office had already planned to be present before each particular Judge, but in no event before May 18, 2020.
If you have further questions about what to expect with these new procedures, please reach out to your trusted family law attorney to help you navigate.
If you would like more information on this topic, please contact the author, family law attorney Colleen M. Hurley, at 312-888-4112 or churley@lavellelaw.com.
For more information about COVID-19, also known as the novel coronavirus (2019-nCoV), please visit the Centers for Disease Control and Prevention (CDC) website: https://www.cdc.gov/coronavirus/2019-ncov/index.html
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