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| [ Engrossed ] | [ House Amendment 001 ] |
90_HB2491
750 ILCS 5/609 from Ch. 40, par. 609
Amends the Illinois Marriage and Dissolution of Marriage
Act. Provides that the court may grant leave, before or
after judgment, to any party having custody of any minor
child to remove the child to a new residence within the State
which is located outside a 100 mile geographical radius of
the residence of the child at the time of the initial custody
judgment if removal is in the best interests of the child.
The burden of proving that removal is in the best interests
of the child is on the party seeking removal. Removal of a
minor child to a new residence within the State which is
located within a 100 mile geographical radius of the
residence of the child at the time of the initial custody
judgment shall not require leave of court. Effective
immediately.
LRB9008578SMdvA
LRB9008578SMdvA
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 609.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 609 as follows:
7 (750 ILCS 5/609) (from Ch. 40, par. 609)
8 Sec. 609. Leave to Remove Children.)
9 (a) The court may grant leave, before or after judgment,
10 to any party having custody of any minor child or children to
11 remove such child or children from Illinois whenever such
12 removal approval is in the best interests of such child or
13 children. The burden of proving that such removal is in the
14 best interests of such child or children is on the party
15 seeking the removal. When such removal is permitted, the
16 court may require the party removing such child or children
17 from Illinois to give reasonable security guaranteeing the
18 return of such children.
19 (b) Before a minor child is temporarily removed from
20 Illinois, the parent responsible for the removal shall inform
21 the other parent, or the other parent's attorney, of the
22 address and telephone number where the child may be reached
23 during the period of temporary removal, and the date on which
24 the child shall return to Illinois.
25 The State of Illinois retains jurisdiction when the minor
26 child is absent from the State pursuant to this subsection.
27 (c) The court may grant leave, before or after judgment,
28 to any party having custody of any minor child or children to
29 remove the child or children to a new residence within the
30 State which is located outside a 100 mile geographical radius
31 of the residence of the child or children at the time of the
-2- LRB9008578SMdvA
1 initial custody judgment if removal is in the best interests
2 of the child or children. The burden of proving that removal
3 under this subsection is in the best interests of the child
4 or children is on the party seeking removal. Removal of a
5 minor child or children to a new residence within the State
6 which is located within a 100 mile geographical radius of the
7 residence of the child or children at the time of the initial
8 custody judgment shall not require leave of court.
9 (Source: P.A. 85-768.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.