HB5647 97TH GENERAL ASSEMBLY

LRB097 18730 AJO 63965 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5647

Introduced 2/15/2012, by Rep. Michael P. McAuliffe

SYNOPSIS AS INTRODUCED:

750 ILCS 5/609

from Ch. 40, par. 609

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a parent removes a child from the State, without leave of court, or fails to inform, or knowingly provides false or misleading information to, the other parent about the address and telephone number where the child may be reached during a period of temporary removal from Illinois, the court shall enter an order that terminates the terms of that parent's visitation with the child or terminates the parent's custody of the child.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 609 as follows:

(750 ILCS 5/609) (from Ch. 40, par. 609)

Sec. 609. Leave to Remove Children.)

(a) The court may grant leave, before or after judgment, to any party having custody of any minor child or children to remove such child or children from Illinois whenever such approval is in the best interests of such child or children. The burden of proving that such removal is in the best interests of such child or children is on the party seeking the removal. When such removal is permitted, the court may require the party removing such child or children from Illinois to give reasonable security guaranteeing the return of such children.

(b) Before a minor child is temporarily removed from Illinois, the parent responsible for the removal shall inform the other parent, or the other parent's attorney, of the address and telephone number where the child may be reached during the period of temporary removal, and the date on which the child shall return to Illinois.

The State of Illinois retains jurisdiction when the minor child is absent from the State pursuant to this subsection.

(b-5) If a parent removes a child from Illinois without leave of court as required in subsection (a) or fails to inform, or knowingly provides false or misleading information to, the other parent as required in subsection (b), the court shall enter an order that terminates the terms of the parent's visitation with the child or terminates the parent's custody of the child.

(c) The court may not use the availability of electronic communication as a factor in support of a removal of a child by the custodial parent from Illinois.

(Source: P.A. 96-331, eff. 1-1-10.)