Child Taken From Mother Without Cause, Withheld For 10 Months & Counting

I am mother to one 8-year-old boy who will be 9 in August. For his anonymity I will be referring to him as “R” and covering his face.

I’m educated. Holding a BA and J.D. ( I did not study family law. Not all attorneys are created equal. And I am not admitted to the bar yet. )

I have no history of mental illness. Have no addiction issues. I’m a breast feeding. Make my own baby food. Homemade birthday cake maker. Pinterest party planner. Volunteer at my son’s school. Play date making. read a book every night at bedtime. Get on the floor and play and/or sleep in a “fort” kind of mom. I am a boy mom – so we bug hunt, adventure seek, and get dirty. I am a very good mom.

My son and I share an amazing relationship. That’s slowly being destroyed by Kane County Judge Grady. Opposing Counsel- John Chapski. My son’s father who I will be referring to as Mr X… for now. If you don’t know. Family court cases are public so I am not revealing parties that the general public cannot access itself.

WHY I HAVEN’T SEEN MY CHILD IN 9 MONTHS

Short Answer:

From August 2011-June 11, 2019 I was my son’s primary care giver. During large portions of time his sole physical & financial care-giver. It took Mr X 3 judges, 3 attorneys (his), 3 mediators (he picked), a GAL (he stipulated to), 2 experts, and 8 years to finally find the right recipe of family court bad actors to assist him. Can you imagine going through 8 years (with no end in sight)? Can you imagine the emotional, physical, and financial impact that has on someone? You can’t just walk away- that is your baby.

If you don’t care to hear more- stop here.

Longer Answer:

Disclaimer: please know we are trying to keep this short so “longer answer” doesn’t mean complete. I will be sharing more (with evidence) as this group moves along.

• In April 2018 Mr X and I entered an Agreed Order. I will go into detail more later. For these purposes the Agreed Order and bargained for exchange was I would remain residential parent. R & I would move back to IL. Anything not addressed in Agreed Order reverted to our 2013 Joint Parenting Agreement (“JPA”).

• On May 6, 2019 IN AN UNNOTICED (OR IMPROPERLY NOTICED) EX PARTE HEARING. John Chapski on behalf of Mr X breached that April 2018 agreed order and materially misrepresented to Judge Grady. That I would not agree to April 2019 vacation dates. Even though Mr X and John Chapski KNEW we had agreed in April 2019 to vacation dates in writing. Judge Grady entered an order without me being present. Without evidence, without verifying I received notice. Based solely on material misrepresentations from John Chapski on behalf of Mr X (who was apparently standing right there).

• On May 10, 2019 John Chapski on behalf of Mr X breached that April 2018 Agreed Order. Filing a petition to modify and make Mr X residential parent. (IL now calls it parent with the majority parenting time – for ease I will continue to say residential). On May 11, 2019 I graduated .

• On June 1, 2019 my son was in Mr X’s care. Per our agreement in April 2019 for vacation dates. That UNNOTICED, EX PARTE MAY 6, 2019 Order.

• On June 3, 2019 John Chapski on behalf of Mr X breached that April 2018 Agreed Order. Filing a petition to temporarily modify. Making Mr X residential parent.

• On June 11, 2019 WITHOUT AN EVIDENTIARY HEARING AS REQUIRED BY LAW. WITHOUT GIVING ME 30 DAYS TO RESPOND AS REQUIRED BY LAW in a “hearing instaner”. (Which barring emergency. Is not supported by law or the Kane County local rules.) Judge Grady entered a 1 sentence order. That said R would “reside” with Mr X until further order of the court. He has kept that order temporary denying me appeal rights. That 1 sentence, ambiguous order does not address parenting time. Judge Grady refuses to clarify that order. As he has been requested to do over and over and over. To-date Judge Grady refuses to re-appoint GAL. To-date Judge Grady refuses to hear my motion to reconsider. (Which was originally scheduled to be heard 7/22/19.)

• August 22, 2019 I file to remove Judge Grady for cause. We are to appear in front of Judge Cruz on August 27, 2019.

• On August 25, 2019 I email Mr X a very professional email. (I will post original later.) Stating that June 11, 2019 order is ambiguous and doesn’t address parenting time. Thus, the governing document is our JPA. His time with R resumes per JPA allocated time (it would have been Wednesday August 28, 2019).

Email to Mr X

“[Mr X]

Upon the advice of counsel and after careful review of the June 11 Order and JPA. The June 11 order is temporary. And simply states that for the time being R resides in Kane County with you. It does not alter or address visitation. Thus, the governing doc for parenting time remains the JPA.

Per the JPA your time with R resumes Wednesday after school. R will remain with me tonight. I will be taking him to school and picking up R Monday and Tuesday from school. In addition, I will drop him off at school Wednesday morning. Your time resumes Wednesday after school. Please ensure you are there Wednesday for school pick up.

Thanks,

Haley”

Continuation of injustice

• On August 26, 2019 even though John Chapski and Mr X had notice of my motion. To remove Judge Grady for cause. Appeared in front of Judge Grady in an emergency EX PARTE HEARING. Materially misrepresented I was keeping Mr X from R. Mr X did not know where R was. (Mr X admitted in a later hearing. Our son was dropped off at school. As he called the school to verify.) Materially misrepresented the contents of that August 25, 2019, and had an emergency order of protection entered against me.

• September 3, 2019 Judge Cruz held my hearing to remove Judge Grady for cause. On September 3, 2019 due to John Chapski’s delay tactics it got continued to September 4, 2019.

• On September 4, 2019 before any party spoke Judge Cruz said he stayed “late”. And changed his mind and granted John Chapski’s 9/3/19 request for directive verdict. I have my theories of what staying “late” means. But I have no proof so you be the judge on that. Judge Cruz admitted “hearing instaner” is not supported by law or local rules barring emergency. Judge Cruz expressed concern no GAL was appointed for my son and sent us down to Judge Grady “instaner”. Who refused to re-appoint GAL. To-date refuses to re-appoint GAL. Mr X does not want a GAL. I begged for one- I feel that speaks volumes.

• On September 11, 2019 was the hearing on the emergency order of protection. John Chapski does these epic delay strategies. That needlessly increase the cost of litigation due to hearings having to be continued over and over. This happened (as typical) on 9/11/19. Judge Grady attempted to continue the hearing. My counsel not only told Judge Grady and John Chapski that as a matter of law. Judge Grady cannot extend the emergency order of protection. (Under IL law 21 days for emergency order of protection), but showed both the rule and supporting case law. Judge Grady said he was going to do it anyway. And continued the hearing and unlawfully extended the EOP until 9/30/19.

**September 30, 2019 Judge Grady is removed from the family law bench and the Kane County Judicial Center. Listed as a “special action” judge at the old Geneva Courthouse. However in spite of him removed from the family law bench Judge Grady refuses to give up my case. He says it is due to most of this case being in his “memory”. But from experience he doesn’t seem to remember key facts like. What the June 11, 2019 order says or even my son’s age. Also, if you look him up on http://www.therobingroom.com/illinois/Judge.aspx?id=4193 more than one review discuss his memory issues. (I didn’t write any of these reviews, but they are consistent with my experience).**

• On September 30, 2019 at the conclusion of the hearing Judge Grady said harassment is construed broadly. Under Illinois Domestic Violence Act (“IMDVA”). I should have “known” that August 25, 2019 email would upset Mr X. Found that I harassed Mr X by that August 25, 2019 email. However, he did not want to enter a plenary order of protection. Instead he wanted the parties’ counsel to draft an injunction. So Mr X and I could not harass each other. Having the counsel come back on October 2, 2019 to have that language entered.

• After September 30, 2019 hearing at the old Geneva Courthouse. That is virtually empty. Nearly everyone gone my mom and I witnessed Judge Grady and John Chapski engaged in Ex Parte Communication. Walking out of the courthouse together and to or near Judge Grady’s car.

• On October 2, 2019 Judge Grady did a 360. Entering a TWO YEAR order of protection against me where I cannot see my son for 2 years. Illinois law explicitly states “the court shall not place any restrictions on parenting time… Unless it finds by a preponderance of the evidence that a parent’s exercise of parenting time. Would seriously endanger the child’s physical, mental, moral, or emotional health.” 750 ILCS 60/1 et seq.(emphasis added). No such finding has ever been made and no such allegation has ever been pled or given evidence of. Why? Because it would be impossible – I am a really good mom. Further, on December 27, 2019 Judge
Grady admitted on the record he never made such a finding.

• In late February or early March 2020 Mr X sent me a permission slip. From R’s school for mother/son bowling. I immediately said I would attend. Mr X tried to back pedal saying why was I “demanding” this time. Basically I told Mr X you either sent that to me to be cruel. Or you intended for us to go. Mr X finally agreed to the time.

Longer Answer:

• In April 2018 Mr. X and I entered an Agreed Order. The bargained for exchange was. I would remain residential parent. R & I would move back to IL. Anything not addressed in Agreed Order reverted to our 2013 Joint Parenting Agreement (“JPA”).

•On May 6, 2019 IN AN UNNOTICED (OR IMPROPERLY NOTICED) EX PARTE HEARING. John Chapski on behalf of Mr X breached that Agreed Order and materially misrepresented to Judge Grady. That I would not agree to 2019 vacation dates. Even though Mr X and John Chapski KNEW we had previously agreed in writing. Judge Grady entered an order without me being present. Without evidence, without verifying I received notice. Based solely on material misrepresentations from John Chapski on behalf of Mr X (who was apparently standing right there).

• On May 10, 2019 John Chapski on behalf of Mr X breached that April 2018 Agreed Order. Filing a petition to modify. Making Mr X residential parent.

• On June 3, 2019 John Chapski on behalf of Mr X breached that April 2018 Agreed Order. Files a petition to temporarily modify. Making Mr X residential parent.

• On June 11, 2019 WITHOUT AN EVIDENTIARY HEARING AS REQUIRED BY LAW. WITHOUT GIVING ME 30 DAYS TO RESPOND AS REQUIRED BY LAW. In a “hearing instanter” (which barring emergency is not supported by law or the Kane County local rules) Judge Grady entered a 1 sentence order that said R would “reside” with Mr X until further order of the court. He has kept that order temporary denying me appeal rights. That 1 sentence, ambiguous order does not address parenting time. To-date Judge Grady refuses to clarify that order. As he has been requested to do over and over and over. John Chapski advocates for Judge Grady not to clarify that ambiguous order shouting in open court that its a “trick”. To-date Judge Grady refuses to re-appoint GAL. To-date Judge Grady refuses to hear my motion to reconsider (which was originally scheduled to be heard 7/22/19).

• August 22, 2019 I filed to remove Judge Grady for cause. And we were scheduled to appear in front of Judge Cruz on August 27, 2019.

• On August 25, 2019 I email Mr X stating that June 11, 2019 order is ambiguous and doesn’t address parenting time. Thus, the governing document is our JPA. His time with R resumes per JPA allocated time (it would have been Wednesday August 28, 2019).

Email to Mr X

“[Mr. X]

Upon the advice of counsel and after careful review of the June 11 Order and JPA- the June 11 order is temporary and simply states that for the time being [R] resides in Kane County with you. It does not alter or address visitation. Thus, the governing doc for parenting time remains the JPA.

Per the JPA your time with [R ]resumes Wednesday after school. [R] will remain with me tonight, I will be taking him to school and picking up [R] Monday and Tuesday from school. In addition, I will drop him off at school Wednesday morning. Your time resumes Wednesday after school. Please ensure you are there Wednesday for school pick up.

Thanks,

Haley”

Continuation to the corruption

• On August 26, 2019, even though John Chapski and Mr X had notice of my motion. To remove Judge Grady for cause. Appeared in front of Judge Grady in an emergency EX PARTE HEARING. Materially misrepresented I was keeping Mr X from R. Mr X did not know where R was. (Mr X admitted in a later hearing. He KNEW our son was dropped off at school. As he called the school to verify.) Materially misrepresented the contents of that August 25, 2019, and had an emergency order of protection entered against me.

• September 3, 2019 Judge Cruz heard my motion to remove Judge Grady for cause. John Chapski moved for directive verdict- it was denied.

• On September 4, 2019 before any party spoke. Judge Cruz said he stayed “late” and changed his mind. Granted John Chapski’s 9/3/19 request for directive verdict. I have my theories of what staying “late” means. But I have no proof so you be the judge on that. Judge Cruz admitted “hearing instanter” is not supported by law or local rules barring emergency. Expressed concern no GAL was appointed for my son. Sent us back to Judge Grady “instanter”. Who refused to re-appoint GAL. To-date refuses to re-appoint GAL. John Chapski advocates against a GAL. Mr X does not want a GAL. I begged for one- I feel that speaks volumes.

• On September 11, 2019 the hearing on the emergency order of protection was heard. John Chapski does these epic delay strategies that needlessly increase the cost of litigation. Due to hearings having to be continued over and over. This happened (as typical) on 9/11/19. Judge Grady attempted to continue the hearing. My counsel not only informed Judge Grady and John Chapski that as a matter of law. Judge Grady cannot extend the emergency order of protection due to the 21 day statute of limitations. Both the rule and supporting case law were presented to Judge Grady and John Chapski. Judge Grady said he was going to do it anyway. And continued the hearing and unlawfully extended the EOP until 9/30/19.

Judge removed

**September 30, 2019 Judge Grady is removed from the family law bench. And the Kane County Judicial Center. Judge Grady is listed as a “special action” judge at the old Geneva Courthouse. However in spite of his removal from the family law bench Judge Grady refuses to give up my case. He says it is due to most of this case being in his “memory”. But from experience he doesn’t seem to remember key facts. Like what the June 11, 2019 order says or even my son’s age. Also, if you look him up on http://www.therobingroom.com/illinois/Judge.aspx?id=4193 more than one review discuss his memory issues. (I didn’t write any of these reviews, but they are consistent with my experience).**

• On September 30, 2019 at the conclusion of the hearing. Judge Grady said harassment is construed broadly. Under Illinois Domestic Violence Act (“IDMVA”). I should have “known” that August 25, 2019 email would upset Mr. X and found that I harassed Mr X by that August 25, 2019 email. However, Judge Grady ruled he did not want to enter a plenary order of protection. Instead he wanted the parties’ counsel to draft an injunction. With language preventing Mr X and I from harassing each other. And have the counsel come back on October 2, 2019 to have that language entered.

• After September 30, 2019 hearing. I witnessed Judge Grady and John Chapski engaged in Ex Parte Communication. While walking out of the courthouse together and to or near Judge Grady’s car.

Ex Parte Decision????

• On October 2, 2019 Judge Grady did a 360. And entered a TWO YEAR order of protection against me where I cannot see my son for 2 years. Illinois law explicitly states “the court shall not place any restrictions on parenting time… Unless it finds by a preponderance of the evidence. That a parent’s exercise of parenting time. Would seriously endanger the child’s physical, mental, moral, or emotional health.” 750 ILCS 60/1 et seq. No such finding has ever been made. No such allegation has ever been pled or given evidence of. Why? Because it would be impossible – I am a really good mom. Further, on December 27, 2019 Judge Grady admitted on the record he never made such a finding.

• In late February or early March 2020 Mr X sent me a permission slip from R’s school for mother/son bowling. I immediately said I would attend. Mr X tried to back pedal saying why was I “demanding” this time. Basically I told Mr X you either sent that to me to be cruel. Or you intended for us to go. Mr X finally agreed to the time.

I haven’t seen my son since March 2020– and it isn’t for the lack of trying. We speak via Skype, but Mr X monitors, records, and otherwise interferes with our calls. R has told me he is not allowed to tell me what goes on at Mr X’s house. The few times he has attempted Mr X has chased him around the house to hang up the phone. The worst time I even called the police to do a wellness check. I have the report. Mr X now only allows R to speak to me via Skype on his desktop computer.

Maternal family alienation

Further, Mr X will not allow R to see any of his maternal family. My mom and sister have tried on numerous occasions. He will not allow him to speak to any of his friends that he went to school with prior to “resid[ing]” with Mr X. In my opinion, this is textbook alienation and coercive control tactics. Isolate the child from anyone and everyone they love so you can control them.

I firmly stand behind that keeping R from the love of his mother. (A very good mother.) And his maternal family is child abuse. We will never get this time back. I feel strongly that Judge Grady, John Chapski, and Mr X are stealing this poor child’s innocence and it should be considered criminal. Further, keeping R from this “fit” parent is not supported by law. It certainly does not meet the legal standard “best interest of the child.” No innocent child or good parent should ever have to endure what we are.

If you made it this far, thank you for reading. #injustice4R

END STORY

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