(750 ILCS 5/607.1) (from Ch. 40, par. 607.1)
Sec. 607.1. Enforcement of visitation orders; visitation abuse.
(a) The circuit court shall provide an expedited procedure for
enforcement of court ordered visitation in cases of visitation abuse.
Visitation abuse occurs when a party has willfully and without
justification: (1) denied another party visitation as set forth by the
court; or (2) exercised his or her visitation rights in a manner
that is harmful to the child or child's custodian.
(b) An Action may be commenced by filing a petition setting forth: (i)
the petitioner's name, residence address or mailing address, and telephone
number; (ii) respondent's name and place of residence, place of employment,
or mailing address; (iii) the nature of the visitation abuse, giving dates
and other relevant information; (iv) that a reasonable attempt was made to
resolve the dispute; and (v) the relief sought.
Notice of the filing of the petitions shall be given as provided
in Section 511.
(c) After hearing all of the evidence, the court may order one or more of
the following:
(1) Modification of the visitation order to |
| specifically outline periods of visitation or restrict visitation as provided by law.
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(2) Supervised visitation with a third party or
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(3) Make up visitation of the same time period, such
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| as weekend for weekend, holiday for holiday.
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(4) Counseling or mediation, except in cases where
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| there is evidence of domestic violence, as defined in Section 1 of the Domestic Violence Shelters Act, occurring between the parties.
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(5) Other appropriate relief deemed equitable.
(d) Nothing contained in this Section shall be construed to limit the
court's contempt power, except as provided in subsection (g) of this
Section.
(e) When the court issues an order holding a party in contempt of court
for violation of a visitation order, the clerk shall transmit a copy of
the contempt order to the sheriff of the county. The sheriff shall furnish
a copy of each contempt order to the Department of State Police on a daily
basis in the form and manner required by the Department. The Department
shall maintain a complete record and index of the contempt orders and make
this data available to all local law enforcement agencies.
(f) Attorney fees and costs shall be assessed against a party if the
court finds that the enforcement action is vexatious and constitutes
harassment.
(g) A person convicted of unlawful visitation or parenting time interference under Section
10-5.5 of the Criminal Code of 1961 shall not be subject to the provisions of
this Section and the court may not enter a contempt order for visitation abuse
against any person for the same conduct for which the person was convicted of
unlawful visitation interference or subject
that
person to the sanctions provided for in this Section.
(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09.)
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