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  • CHARAN VS CHARAN Other Domestic Relations* document preview
  • CHARAN VS CHARAN Other Domestic Relations* document preview
  • CHARAN VS CHARAN Other Domestic Relations* document preview
  • CHARAN VS CHARAN Other Domestic Relations* document preview
  • CHARAN VS CHARAN Other Domestic Relations* document preview
  • CHARAN VS CHARAN Other Domestic Relations* document preview
  • CHARAN VS CHARAN Other Domestic Relations* document preview
  • CHARAN VS CHARAN Other Domestic Relations* document preview
						
                                

Preview

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 : “AY 1o17 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 MC. AC arrarsases: Seiiessersee foment ste Click here or Visit htip:/Avww.i2file.nctidv to validate the certification of this document, Validation ID: DP-07292021-0105-09302 Docusigh Envelope (ID: Sse ADESE SOIC AGIA SESD. Cass ave*=e! ‘ 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 MC. critical to and in the minor children's best interests; accordingly: 2 (Ac AC =a hire Click here or Visit htp://www.i2file.neU/dv to validate the certification of this document. Validation ID: DP-07292021-0105-09302 Docusin Envelope ID: 44EAQC59-531C-4C7A-9EBD-C223C89EA321 . ‘ 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 EE 3 Ke MC. ieraiee eke eee Click here or Visit http://www. i2file.netidv to validate the certification of this document. ValidationID: DP-07292021-0105-09302 Pocusigh Envelope [D: MAEAICTS.SS1C-AGTA-SESD-CESCRSERY 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. (he M.C. AC Click hereor Visit http/hwww.i2fle nevdv to validate the certification of this document. Validation ID: DP-07292021-0105-09302 DocuSign Envelope ID: 44EA0C59-531C-4C7A-9EBD-C223C89EA321 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. = Suen 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 + (he a Conduct of the Parties 5 MC. AC Click here or Visit htip://www. i2file.netdv t lidate the certificationof this document. Validation ID: DP-07292021-0105-09302 DocuSigh Envelope ID: 44EAQC59-531C-4C7A-9EBD-C223CB9EA321 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 (Rc the other party as soon as reasonably possible. 6 Mc. AC Click here orVisit http:/iwww.i2file.netidv to validate the certification of this document. ValidationID: DP-07292021-0105-0930: DoniSion Envelope ID: 44EA0C59-531C-4C7A-9EBD-C223C89EA321 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 MC. 7 (Ke AC Click Visit http/Avww.i2file.neVdv to validate the certification of this document. Validation ID: DP-07292021-0105-09302 . DocuSign Envelope ID: 44EA0C59-531C-4C7A-9EBD-C223C89EA321 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 MC. 8 fe Click here or Visit http:/ www. i2file.nevdv to validate the certification of this document. Validation 1D: DP-07292021-0105-09302 PosuSign Envelope ID: MEAOCSSS31C-ACTASEBD-C2230B8EAS21 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