(750 ILCS 5/602.3)
Care of minor children; right of first refusal.
(a) If the court awards parenting time to both parents under Section 602.7 or 602.8, the court may consider, consistent with the
best interests of the child as defined in Section 602.7, whether to award to
one or both of the parties the right of first refusal to provide child care for
the minor child or children during the other parent's normal parenting
time, unless the need for child care is attributable to an emergency.
(b) As used in this Section, "right of first refusal" means that if a party
intends to leave the minor child or children with a substitute child-care provider for
a significant period of time, that party must first offer the other party an
opportunity to personally care for the minor child or children. The parties
may agree to a right of first refusal that is consistent with the best interests
of the minor child or children. If there is no agreement and
the court determines that a right of first refusal is in the best interests of
the minor child or children, the court shall consider and make
provisions in its order for:
(1) the length and kind of child-care requirements
invoking the right of first refusal;
(2) notification to the other parent and for his or
(3) transportation requirements; and
(4) any other action necessary to protect and promote
the best interest of the minor child or children.
(c) The right of first refusal may be enforced under Section 607.5 of this Act.
(d) The right of first refusal is terminated upon the termination of the allocation of parental responsibilities or parenting time.
(Source: P.A. 98-462, eff. 1-1-14; 99-90, eff. 1-1-16