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IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA
FAMILY DIVISION
MINAKSHI CHARAN, )
)
Petitioner, )
) CIVIL ACTION
Vv.
FILE NO. 23-A-02485-3
ANIL CHARAN,
Respondent.
AMENDED PETITION FOR REGISTRATION AND DOMESTICATION OF FOREIGN
JUDGMENT
COMES NOW the Petitioner in the above-styled action, MINAKSHI
CHARAN, and hereby amends her Petition for Registration and Domestication of
Foreign Judgment by adding and clarifying the following after Paragraph Four:
1
Petitioner realleges and restates Paragraphs One through Five of her
Petition for Registration and Domestication of Foreign Judgment as if fully set
forth herein.
2
Petitioner avers that the original Judgment was previously modified by the
Circuit Court of Illinois, County of Dupage, by Order dated March 29, 2022.
Please find a certified copy of the modified Order annexed hereto as Exhibit
jinakshi Charan v. Anil Charat
In the Superior Court of Gwinnett County
“Amended Petition for Registration and Domestication of Foreign Judgment”
Page 1
“C." Petitioner does not know of any proceedings currently pending in any court
of this or any other state which could affect the current proceeding.
3.
Jurisdiction and venue are proper in this Court as the parties no longer
reside in the state of Illinois, and the minor child and Petitioner have been
residents of Gwinnett County Georgia for more than six (6) months preceding
the filing of this action.
4
The relief sought by Petitioner is available under the laws of the State of
Itinois, where the original Order was rendered, and the State of Georgia would
enforce a similar Order of this State by action for Contempt.
WHEREFORE, the Petitioner prays:
(a) That a Rule Nisi issue directing Respondent to show cause why the
appropriate prayers of Petitioner should not be granted;
(b) That the foreign judgments annexed hereto as Exhibit “A,” Exhibit
“B," and Exhibit “C” be domesticated and made the judgment of this Court;
(c) That Petitioner have and recover a reasonable sum as attorney’s
fees and expenses of litigation; and
Minakshi Charan v. Anil Charan
In the Superior Court of Gwinnett County
“Amended Petition for Registration and Domestication of Foreign Judgment”
Page 2
(d) That Petitioner have such other and further relief as the Court may
deem just and proper.
This 15th day of May 2023.
Respectfully Submitted,
HASTINGS SHADMEHRY WRIGHT LLC
/s/Keesha C. Robinson-Roberts
Keesha C. Robinson-Roberts, Esq.
Georgia Bar No. 770970
Andrea Dyer Hastings, Esq.
Georgia Bar No. 929208
Attorneys for Petitioner
3650 Mansell Road, Suite 475
Alpharetta, Georgia 30022
(770) 641-8200
keesha@hswlegalteam.com
andee@hswegalteam.com
Minakshi Charan v. Anil Charan
In the Superior Court of Gwinnett County
“Amended Petition for Registration and Domestication of Foreign Judgment”
Page 3
Bocusign Envelope ID: 44EA0C59-531C-4C7A-SEBD-C229089EA321 adios EXHIBIT
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Bee IN THE CIRCUIT COURT.OF THE EIGHTEENTH JUDICIAL CIRCUIT
DUPAGE COUNTY, ILLINOIS
*FILED*
JUL 28, 2021 10:59 AM
IN RE THE MARRIAGE
OF:
MINAKSHI CHARAN
Petitioner, Case No.: 2020 D00 162: (nasicr Pronng—
CLERK OF THE
and 18TH JUDICIAL CIRCUIT
DUPAGE COUNTY, ILLINOIS
ANIL CHARAN,
Respondent.
: ALLOCATION OF PARENTAL RESPONSIBILITIES AND PARENTING PLAN
-This cause coming on to be heard on the agreement of the parties pursuant to State of Ilinois
Public Act 099-0090 (“Act”), effective January 1, 2017, specifically Part VI of the Act entitled
ALLOCATION OF PARENTAL RESPONSIBILITIES (750 ILCS 5/600 et seq); the Court having
jurisdiction over the subject matter and the parties and being fully advised in the premises:
BASED UPON THE STIPULATION OF THE PARTIES, THE COURT FINDS:
A On December 2", 2004, MOTHER (“MINAKSHI”) and FATHER (“ANIL”) were
ered
in Jaipur,
lawfully married and said marriage was regist Rajesthan, India.
B. Two (2) children were born to the parties: namely: R.K.C., born in 2008. and presently
twelve (12) years of age, and R.C,, bom in 2013 and prese ntly
seven (7) years of age,
hereinafter referred to as “the minor children.”
c. ‘The parties have reached agreement regarding the children related issues in this cause and
desire that said agreement be reduced to writing in the decretal portion of this Allocation
Judgment.
IT IS, THEREFORE, HEREBY ORDERED, ADJUDGED, AND DECREED:
ARTICLE Electronically Certified
MODIFIABILITY OF THIS ALLOC, ICATION
ourt,
By the tems of this Allocation Judgment and Parenting } a tee i abpve correct
a
ritFine
resolve all issues of allocation of parental responsibilities. ce. IN
OF bees Ne aL
MOTHER and FATHER understand and acknowledge the 16'S
of this Act (750 5/610.5) regarding the modifiability of this Allocation Judgment. (
ARTICLE oe
ALLOCATION OF SIGNIFICANT DECISION- ‘PONS! Gen
<— 1 By
—_ Deputy ome
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MOTHER and FATHER understand and acknowledge the terms and provisions of Section 5/600 of
this Act (750 5/600(c)), specifically as it defines “Caretaking Functions” and “Parental
Responsibilities” (750 5/600(4)), pursuant to this Allocation Judgment.
A Parenting Responsibilities
MOTHER and FATHER shall share parenting responsibilities for the minor children, subject
to the specific terms, conditions, interpretations and definitions set forth in this Allocation
Judgment
and Parenting Plan.
Responsibility
for Routine Daily Decisions
and ordinary supervision and care when the children are with that parent.
Responsibility
for Significant Decision-Making Responsibilities
The parties agree that Significant Decisions (as defined by Section 602.5(b) of the Act)
include those related to the minor children’s (1) Education through high school, including
choice of school and tutors; (2) Health, including all decisions related to the medical, dental,
vision, and psychological needs of the children and to the treatments arising or resulting from
cece Ree, oo tan peor’ eqpmcnca owt Sch xf stn mi (4)
1 Education
Through High School
‘The parties agree-on and acknowledge their intention to provide their children with
the best possible educational opportunities. The parties shall be jointly responsible
for major decisions relating to the minor children’s required school education through
high school, subject to the following terms and conditions:
a Choiceof School(s)
1 ‘The minor children shall attend school where MOTHER resides
pursuant to the designation set forth in Article IV herein under Section
606.10 of the IMDMA.
Other
Major Decisions
Both parents shall jointly share responsibility for all other major decisions
relating to thie minor children's education
through high school. Agreements
in regard to any such major decisions shall be in writing. In the event the
parties are unable to agree, and an impasse is reached, then the parties shall
submit the matter to mediation pursuant to the terms and conditions set forth
in Article
VI herein.
Parental Involvement
Both parents agree that parental involvement in the educational process is
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critical to and in the minor children's best interests; accordingly:
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Both parents shall be entitled to duplicate originals of the minor
children’s school records (including but not limited to grade reports)
and each parent shall independently contact the school to obtain said
duplicate originals, In the event the children's schoo! will not
cooperate in this regard, or the child is sent home with notes from any
teacher or other school personnel related to the child's conduct or
school activities, then MOTHER shall timely provide these materials
to FATHER, or vice versa, (i.c., within seven days of receipt of
same)- except in cases of emergency (i.e., the event to which the
notice refers occurs within said seven days window).
Both parents shall be listed on the school's “Emerg ency
List’ and shall
be notified by the school in the event of an emergency involving their
minor child.
The email address and address and telephone number of both parents
shall be dually listed in the school telephone directories.
Each of the parents shall have the equal right to confer with teachers
and counselors concerning the minor children's education and other
activities, however, each parent may separately schedule such
conferences, subject to the administrative procedures and policies of
the school.
The parties agree that they will keep each other informed of any
contact
by the school.
Post-Secondary Education
All decisions affecting one or both of the parties relating to the children’s
post-high school education will be made jointly by the parties, will consider
the expressed preferences of the child, and will be expressed in writing.
Neither party will unreasonably withhold his or her consent to the child’s
expressed preferences. Any issue related to the child’s post-high school
education upon which the parties cannot agree will be submitte d
to a court
of competent jurisdiction for determination upon proper notice, petition,
and hearing. Both parties shall contribute to the costs and expenses
necessarily incurred, but not limited to, college application fees, room and
board, books, laboratory fees, and, usually or ordinarily incurred in the
acquisition of a vocational school, college or university education pursuant
to the provisions expressed in Section 513 of the Illinois Marriage and
Dissolution of Marriage Act and other applicable law.
2. Religion
MOTHER and FATHER agree and acknowledge that the minor children are Hindu
by religion. Both parties can take the minor children to a temple, celebrate Hindu
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festivals, and other religious activities of the Hindu religion. Both MOTHER and
FATHER agree not to change the religion of the minor children.
Extracurricular
Activities and Lessons
MOTHER snd FATEIER,ngroo that itis in the best icteests oftheir minoe child
to be involved in extracurricular activities, and the parties further agree that they,
after the minor child’s aptitudes and preferences are taken into account, shall jointly
make all Major Decisions relating to the minor child’s lessons and extracurricular
activities, subject to the following terms and conditions:
a Payment for Lessons and Extracurricula r
Activities
1 The allocation of payment/ for theexpe nses
minor children’s lessons
and extracurricularactivities, shall be equally shared.
Substantial Weight and Consideration to the Minor Child’s Aptitudes
and Preference(s) o
1 ‘The parties specifically agree that each will give substantial weight
and consideration to the minor child’s aptitudes and expressed and
specific preferences in the selection of any extracurricular activities,
whether individual or group or team.
Scheduling *
1
a Each parent shall have the right to schedule individual lessons
and extracurricular activities and/or events for the minor
children during his or her own parenting time.
Team/Group Extracurricular Activities
a ‘The parties agree that itis in the minor children’s best interests
not to be overscheduled; accordingly, unless otherwise agreed
in writing, the minor children shall be enrolled and participate
inno more than two (2) concurrent teamn/group extracurricular
activities/ongoing group lessons per season.
Notification
Fach parent will apprise the other - via Email within seventy two (72)
hours of his or her receipt of the name(s) and telephone number(s) or
other relevant contact information of the minor children's instructors,
coaches, and so forth.
‘Thereafter, each parent shall be encouraged to independently contact
the instructor(s), coach(es) and others regarding the minor children’s
lessons and extra-curricular
4a
activities.
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Both parents shall be entitled to duplicate schedules and notifications
regarding the minor children’s lessons and extracurricular activities.
In the event duplicates are not available, then the parent in receipt of
such schedule or notification shall timely provide these materials to
the other parent (i.¢., within seven (7) days of her/his receipt of same).
Each parent shall familiarize himself/herself with each child’s
lessons and extra-curricular activities by discussing same directly
with the other parent, and the minor child.
e Attendance/Contact
with Instructors and Coaches
1 Both parents shall be welcome to attend any or all of the minor
children’s performances, games, special events, and the like. Both
parents may likewise be welcome to attend any and all mutually
agreed to activities and lessons and to independently contact and
confer with any of their instructors and coaches.
Both parents (as well as their then significant others, current spouses
and members of extended family) shall be welcome to attend any and
all practices, games or other events relating to an extracurricular
activity, however,
at all such activities, MOTHER
and FATHER shall
exercise their best efforts to maximize the child's comfort_as
propriate by main ning a res tance en each oth
and each other's significant other or cuent spouse.
other or current
f. Other Provisions
Both parents shall be listed on each activity’s “Emergency List”, if
any, and both shal be aotiied inthe event ofan emergeany involving
the minor children.
The email address and address and telephone number of both parents
shall be duly listed on each activity’s telephone directory, if any.
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4 Minor Children’s Educational Expenses Through! High | School
seia art EMG See
The parties shall equally share public school expenses for the minor children which are
payable to the children’s school directly such as registration fees, lab fees, technology
fees, book fees and the like.
4a Child-Care Expenses: Each parent shall be responsible solely for childcare costs
incurred during their parenting time.
5. Medical and Health Decision Related Issues
MOTHER and FATHER agree that they will jointly share responsibility for all
major decisions relating to the minor children’s health care, subject to the following
terms and conditions +
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a Conduct
of the Parties
5
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The parties shall conduct themselves in a manner which promotes the
cooperation
and involvement of the other party on any matters which concem.
the minor children’s medical, health or other care, bearing in mind that the
cooperation and involvement of both parties on issues regarding such care is
in the best interests of their children.
Health Insurance
FATHER shall maintain and provide health, hospitalization and major
medical insurance, including dental and vision insurance coverage for the
benefit of the children through his employer. FATHER's obligation to
maintain health/medical/ dental/vision insurance in this regard shall continue
until the child graduates from college, or ceases to pursue a full time course
of study, marries, the child’s employer ‘such coverage or until the
child becomes ineligible for such coverage with FATHER’S employer or
under the Jaw in effect at the time, whichever shall first occur. If health
insurance is offered by MOTHER’s employer, the parties shall re-evaluate
on a yearly basis the best health msurance option for the children and shall
choose the plan that is in the children’s best interests.
Choice
of Care Providers
Unless both parties agree otherwise in writing, the minor children will be
treated by care providers who practice as part of or are otherwise affiliated
with the medical insurance plan under which the minor children are covered,
designated as in network care providers, except in the case of emergency
where the life and welfare of the child is in jeopardy. In that case, the party
with the children shall be allowed to make a decision so long as they notify
the other party as soon as possible.
Access to Health Care Providers and Medical, vision and Dental Records
Each parent shall have access to the minor children’s health care providers,
and any and all medical and/or dental records either directly or via on-line
access. Each parent will provide the other with the names, addresses,
telephone numbers, and any other relevant information necessary to access
the providers of any health, psychological, dental or other care to their
children. Both parents shall be provided any and all usernames and
passwords, log in information, or other such information nended to view
medical records online.
Notification of Injury/Illness
Each party shall immediately inform the other of any injury to or illness of
the minor children which requires other than routine medical attention except
where it is impracticable, and time is of the essence in an emergency situation.
‘The parties agree that in the event of an emergency situation they will notify
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the other party as soon as reasonably possible.
6
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Therapy/Counseling
for the Minor Children
L In the event it is recommended by a qualified health care provider for
either minor child to receive therapy/counseling,
the parties shall
agree, in writing, on the selection of a counselor/therapist,
preferably
is covered. However, in the event the parties cannot agree, then the
parties shall seek referrals from credible sources including, but not
limited to the child's pediatrician. In the event the parties are unable
to agree, and an impasse is reached, then the parties shall submit the
matter to mediation pursuant to the terms and conditions set forthin
Article VI herein.
2. The parties will cooperate with the therapist and meet with him or her
if the therapist so requests as it is in regards to the minor child being
treated.
Medical/Dental/Mental Health Appointments
MOTHER and FATHER agree to the following protocol regarding the minor
children’s medical/dental/vision/mental health appointments; accordingly:
1 Unless otherwise agreed by the parties, MOTHER shell arrange for
all routine medical, dental and other health care appointments for the
minor children and must notify FATHER of such appointment to the
extent practicable,
Routine appointments (i.e., wellness appointments, including but not
limited to vaccinations, check-ups, immunizations, bi-annual dental
cleanings and check-up, routine orthodontic appointments and other
non-emergencies) shall be scheduled by MOTHER., and both parents
shall be welcomed to attend appointments.
All Non-routine procedures, which are agreed to by the parties,
pening tne nd clay oes pt of och pons
within 72 hours of scheduling the appointment,
h cat eit
During all such medical appointments, MOTHER and FATHER
agree to conduct themselves with the utmost decorum and discretion.
Medical Procedures, Discretionary Medical Care, Prescription
Medications, and the like
1 Emergency medical procedures deemed necessary for the
preservation of life or for the prevention of a further serious injury
or illness may be authorized by the parent who is in physical
possession of the minor children at the time such treatment is
necessary, provided that all reasonable efforts shall be made to
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inform the other parent as soon as reasonably possible.
Elective major medical procedures shall only be performed with the
consent of both parents, as expressed and agreed to in writing, in
accordance with the advice and recommendation(s) of the minor
child’s physician(s)/pediatrician(s)/medical provider(s).
Each party reserves the right to timely obtain a second opinion in
connection with the minor children's medical, vision and dental care.
Upon reasonable notice, the parties shall cooperate in making the
minor children available for any such appointment necessary to
obtain a second opinion.
In the event the parties are unable to agree as to any issue, then that
issue or issues shall be referred to mediation pursuant to the terms and
conditions of Article VI herein.
The payment for medical bills/physician co-pays, or out of pocket
medical expenses shall be equally shared by MOTHER and
FATHER.
L Prescriptions
Bach party shall provide the other with any medically prescribed
instructions for care and medications which either minor child is taking at
the time of the transfer of physical possession, and with sufficient
information to allow the parent assuming such possession fo continue any
such instructions for care and to obtain refills of that medication. Durit his
or her time with the minor children, each parent shall strictly follow the
advice and direction of children’s pediatrician(s), physician(s) and medical
providers, including but not limited to ensuring that the minor children take
any and all prescribed medications with strict adherence to recommended
times
and dosages.
Parenting
Time during Ilness
Recognizing the importance of maximizing the minor children’s comfort and
the value of each of parent's contributions thereto, the parties agree:
1 ‘Diness of Parent
Each parent shall have access to and be able to visit with the minor
children in the event either is hospitalized for any reason. MOTHER
and FATHER will exercise her/his best efforts to arrange for each
parent to spend time alone with the minor children during such
OCCASIONS.
Ines
of Children _
Unless the parties otherwise agree, routine illness (¢.g., colds, sniffles,
etc.) shall not be deemed sufficient cause to interrupt the parenting
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schedule set forth herein, however, the parties agree to be sensible and
sensitive to the minor children’s comfort when the minor children are
suffering or recuperating from an illness that may require bed rest or
other restrictioperns/pr the treatingecaut Each parent
physician. ions
shall have access to and be able to visit with the minor children in the
event the minor children are hospitalized for any reason.
However, the parties may agree, in writing, to alter the parenting
schedule set forth herein, in an effort to maximize the minor child’s
comfort during illness. Both MOTHER and FATHER agree to make
reasonable accommod atio
or modifications parenting
to the ns
schedule to allow the other party make-up parenting time should one
party forgo their parenting time in an effort to maximize the minor
children’s comfort during illness, or as a result of one parent being
too ill to exercise parenting
time.
D. Obligation to Notify :
1 MOTHER and FATHER acknowledge