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|[ Introduced ]||[ House Amendment 001 ]|
90_HB2491eng 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 HB2491 Engrossed 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. Relocation of children more than 100 miles 9 inside or outside Illinois.
Leave to Remove Children.)10 (a) The court may grant leave, before or after judgment, 11 to any party having custody of any minor child or children, 12 or to the primary residential parent in the case of joint 13 custody, to relocate removesuch child or children more than 14 100 miles from the child or children's residence at the time 15 of the last custody order or at the time of the entry of 16 judgment, whether inside or outside the State of from17 Illinois, whenever such relocation approvalis in the best 18 interests of such child or children. The burden of proving19 that such removal is in the best interests of such child or20 children is on the party seeking the removal.21 (b) When relocation of a child or children such removal22 is permitted under this Section, the court may require the 23 party relocating the removing suchchild or children from24 Illinoisto give reasonable security guaranteeing the return 25 of the child or suchchildren. 26 (c) In determining whether to grant or deny a petition 27 for relocating a child or children, the trial court shall 28 consider the following factors: 29 (1) The distance of the move. 30 (2) The motive of the party seeking to relocate the 31 child or children. HB2491 Engrossed -2- LRB9008578SMdvA 1 (3) The motive of the parent opposing the 2 relocation of the child or children. 3 (4) The visitation rights of the non-custodial 4 parent and that parent's exercise of those rights. 5 (5) Whether a reasonable and realistic visitation 6 schedule can be reached if the relocation of the child or 7 children is allowed. 8 (6) The cost and time involved regarding 9 visitation. 10 (7) Whether the relocation of the child or children 11 will enhance the general quality of life for both the 12 custodial party and the child or children. 13 (8) Whether the proposed or planned relocation of 14 the child or children is within 2 years after the entry 15 of the judgment for dissolution of marriage. 16 (9) Any intent specifically stated by the parties 17 in any joint parenting agreement, marital settlement 18 agreement, or other written agreement. 19 (10) Other appropriate factors consistent with the 20 child or children's best interest. 21 (d) The burden of proving that the relocation is in the 22 best interest of the child or children is on the party 23 seeking the relocation. 24 (e) If the court allows a party seeking relocation of a 25 child or children to move before any final judgment is 26 entered regarding that relocation, the relocation shall not 27 be considered by the trial court as a factor in reaching its 28 final decision. 29 (f) A petition for relocation of a child or children 30 shall be heard on an expedited basis. The trial court shall 31 make express findings of fact to support its ruling if the 32 non-custodial parent opposes the relocation. 33 (g) Notwithstanding the provisions of subsections (a) 34 through (f), a party having custody of a child or children, HB2491 Engrossed -3- LRB9008578SMdvA 1 or the primary residential parent in the case of joint 2 custody, shall give written notice to the other party not 3 less than 30 days before changing the residence of a child to 4 a place inside or outside the State of Illinois if the 5 relocation will be more than 100 miles from the child's 6 residence at the time of the entry of the last custody or 7 visitation order. The notice shall be given in accordance 8 with Illinois Supreme Court Rule 11, by certified mail or by 9 personal service and a copy of the notice with proof of 10 service shall be filed with the court. The notice shall 11 include at least the following: 12 (1) The proposed new residence address, unless 13 protected by an order entered under the Illinois Domestic 14 Violence Act of 1986. 15 (2) The date of the proposed relocation. 16 (3) Whether the visitation should be changed and, 17 if so, a proposed visitation schedule. 18 (4) The fact that if no objection is made within 21 19 days after service of the written notice the proposed 20 relocation will be allowed subject only to court 21 approval. 22 If no objection is made within 21 days after service of 23 the written notice, the party seeking to relocate the child 24 or children shall be allowed to relocate the child or 25 children subject to court approval. 26 If a parent objects to the relocation of the child or 27 children, he or she shall notify the party proposing the 28 relocation in writing within 21 days after service of the 29 written notice of proposed relocation and shall file a copy 30 of the written objection with the court. 31 If an objection to the relocation of the child or 32 children is made, the party seeking to relocate the child or 33 children shall file a petition seeking leave to relocate the 34 child or children in accordance with subsections (a) through HB2491 Engrossed -4- LRB9008578SMdvA 1 (f). 2 Nothing contained in this subsection precludes a party 3 seeking to relocate a child or children from filing a 4 petition with a court of competent jurisdiction without 5 following the procedure set forth in this subsection (g). 6 (h) As used in this Section, "relocation" means a change 7 of residence for a period of 60 days or more. 8 (i) Nothing in this Section shall be construed to 9 supersede the provisions of Sections 602, 602.1, and 611 as 10 they apply to the relocation of a child. 11 (b) Before a minor child is temporarily removed from12 Illinois, the parent responsible for the removal shall inform13 the other parent, or the other parent's attorney, of the14 address and telephone number where the child may be reached15 during the period of temporary removal, and the date on which16 the child shall return to Illinois.17 (j) The State of Illinois retains jurisdiction when the 18 minor child is absent from the State pursuant to this Section 19 subsection. 20 (Source: P.A. 85-768.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.
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