(750 ILCS 45/13.5)
(a) In any action brought under this Act for the initial determination of
custody or visitation of a child or for modification of a prior custody or
visitation order, the court, upon application of any party, may enjoin a party
having physical possession or custody of a child from temporarily or
permanently removing the child from Illinois pending the adjudication of the
issues of custody and visitation.
When deciding whether to enjoin removal of
a child, the Court shall consider the following factors including, but not
(1) the extent of previous involvement with the child
by the party seeking to enjoin removal;
(2) the likelihood that parentage will be
(3) the impact on the financial, physical, and
emotional health of the party being enjoined from removing the child.
(b) Injunctive relief under this Act shall be governed by the relevant
provisions of the Code of Civil Procedure.
(c) Notwithstanding the provisions of subsection (a), the court may decline
to enjoin a domestic violence victim having physical possession or custody of a
child from temporarily or permanently removing the child from Illinois pending
the adjudication of the issues of custody and visitation. In determining
whether a person is a domestic violence victim, the court shall consider the
(1) a sworn statement by the person that the person
has good reason to believe that he or she is the victim of domestic violence or stalking;
(2) a sworn statement that the person fears for his
or her safety or the safety of his or her children;
(3) evidence from police, court or other government
(4) documentation from a domestic violence program if
the person is alleged to be a victim of domestic violence;
(5) documentation from a legal, clerical, medical, or
other professional from whom the person has sought assistance in dealing with the alleged domestic violence; and
(6) any other evidence that supports the sworn
statements, such as a statement from any other individual with knowledge of the circumstances that provides the basis for the claim, or physical evidence of the act or acts of domestic violence.
(Source: P.A. 93-139, eff. 7-10-03.)