Public Act 93-0108
HB1157 Enrolled LRB093 02458 DRJ 02468 b
AN ACT in relation to child custody.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1
GENERAL PROVISIONS
Section 101. Short Title. This Act may be cited as the
Uniform Child-Custody Jurisdiction and Enforcement Act.
Section 102. Definitions. In this Act:
(1) "Abandoned" means left without provision for
reasonable and necessary care or supervision.
(2) "Child" means an individual who has not attained 18
years of age.
(3) "Child-custody determination" means a judgment,
decree, or other order of a court providing for the legal
custody, physical custody, or visitation with respect to a
child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order
relating to child support or other monetary obligation of an
individual.
(4) "Child-custody proceeding" means a proceeding in
which legal custody, physical custody, or visitation with
respect to a child is an issue. The term includes a
proceeding for divorce, separation, neglect, abuse,
dependency, guardianship, paternity, termination of parental
rights, and protection from domestic violence, in which the
issue may appear. The term does not include a proceeding
involving juvenile delinquency, contractual emancipation, or
enforcement under Article 3.
(5) "Commencement" means the filing of the first
pleading in a proceeding.
(6) "Court" means an entity authorized under the law of
a state to establish, enforce, or modify a child-custody
determination.
(7) "Home state" means the state in which a child lived
with a parent or a person acting as a parent for at least six
consecutive months immediately before the commencement of a
child-custody proceeding. In the case of a child less than
six months of age, the term means the state in which the
child lived from birth with any of the persons mentioned. A
period of temporary absence of any of the mentioned persons
is part of the period.
(8) "Initial determination" means the first
child-custody determination concerning a particular child.
(9) "Issuing court" means the court that makes a
child-custody determination for which enforcement is sought
under this Act.
(10) "Issuing state" means the state in which a
child-custody determination is made.
(11) "Modification" means a child-custody determination
that changes, replaces, supersedes, or is otherwise made
after a previous determination concerning the same child,
whether or not it is made by the court that made the previous
determination.
(12) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, government; governmental
subdivision, agency, or instrumentality; public corporation;
or any other legal or commercial entity.
(13) "Person acting as a parent" means a person, other
than a parent, who:
(A) has physical custody of the child or has had
physical custody for a period of six consecutive months,
including any temporary absence, within one year
immediately before the commencement of a child-custody
proceeding; and
(B) has been awarded legal custody by a court or
claims a right to legal custody under the law of this
State.
(14) "Physical custody" means the physical care and
supervision of a child.
(15) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to
the jurisdiction of the United States.
(16) "Tribe" means an Indian tribe or band, or Alaskan
Native village, which is recognized by federal law or
formally acknowledged by a state.
(17) "Warrant" means an order issued by a court
authorizing law enforcement officers to take physical custody
of a child.
Section 103. Proceedings Governed By Other Law. This
Act does not govern an adoption proceeding or a proceeding
pertaining to the authorization of emergency medical care for
a child.
Section 104. Application To Indian Tribes.
(a) A child-custody proceeding that pertains to an
Indian child as defined in the Indian Child Welfare Act, 25
U.S.C. 1901 et seq., is not subject to this Act to the extent
that it is governed by the Indian Child Welfare Act.
(b) A court of this State shall treat a tribe as if it
were a state of the United States for the purpose of applying
Articles 1 and 2.
(c) A child-custody determination made by a tribe under
factual circumstances in substantial conformity with the
jurisdictional standards of this Act must be recognized and
enforced under Article 3.
Section 105. International Application Of Act.
(a) A court of this State shall treat a foreign country
as if it were a state of the United States for the purpose of
applying Articles 1 and 2.
(b) Except as otherwise provided in subsection (c), a
child-custody determination made in a foreign country under
factual circumstances in substantial conformity with the
jurisdictional standards of this Act must be recognized and
enforced under Article 3.
(c) A court of this State need not apply this Act if the
child custody law of a foreign country violates fundamental
principles of human rights.
Section 106. Effect Of Child-Custody Determination. A
child-custody determination made by a court of this State
that had jurisdiction under this Act binds all persons who
have been served in accordance with the laws of this State or
notified in accordance with Section 108 or who have submitted
to the jurisdiction of the court, and who have been given an
opportunity to be heard. As to those persons, the
determination is conclusive as to all decided issues of law
and fact except to the extent the determination is modified.
Section 107. Priority. If a question of existence or
exercise of jurisdiction under this Act is raised in a
child-custody proceeding, the question, upon request of a
party, must be given priority on the calendar and handled
expeditiously.
Section 108. Notice To Persons Outside State.
(a) Notice required for the exercise of jurisdiction
when a person is outside this State may be given in a manner
prescribed by the law of this State for service of process or
by the law of the state in which the service is made. Notice
must be given in a manner reasonably calculated to give
actual notice but may be by publication if other means are
not effective.
(b) Proof of service may be made in the manner
prescribed by the law of this State or by the law of the
state in which the service is made.
(c) Notice is not required for the exercise of
jurisdiction with respect to a person who submits to the
jurisdiction of the court.
Section 109. Appearance And Limited Immunity.
(a) A party to a child-custody proceeding, including a
modification proceeding, or a petitioner or respondent in a
proceeding to enforce or register a child-custody
determination, is not subject to personal jurisdiction in
this State for another proceeding or purpose solely by reason
of having participated, or of having been physically present
for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in
this State on a basis other than physical presence is not
immune from service of process in this State. A party
present in this State who is subject to the jurisdiction of
another state is not immune from service of process allowable
under the laws of that state.
(c) The immunity granted by subsection (a) does not
extend to civil litigation based on acts unrelated to the
participation in a proceeding under this Act committed by an
individual while present in this State.
Section 110. Communication Between Courts.
(a) A court of this State may communicate with a court
in another state concerning a proceeding arising under this
Act.
(b) The court may allow the parties to participate in
the communication. If the parties are not able to
participate in the communication, they must be given the
opportunity to present facts and legal arguments before a
decision on jurisdiction is made.
(c) Communication between courts on schedules,
calendars, court records, and similar matters may occur
without informing the parties. A record need not be made of
the communication.
(d) Except as otherwise provided in subsection (c), a
record must be made of a communication under this Section.
The parties must be informed promptly of the communication
and granted access to the record.
(e) For the purposes of this Section, "record" means
information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in
perceivable form.
Section 111. Taking Testimony In Another State.
(a) In addition to other procedures available to a
party, a party to a child-custody proceeding may offer
testimony of witnesses who are located in another state,
including testimony of the parties and the child, by
deposition or other means allowable in this State for
testimony taken in another state. The court on its own
motion may order that the testimony of a person be taken in
another state and may prescribe the manner in which and the
terms upon which the testimony is taken.
(b) A court of this State may permit an individual
residing in another state to be deposed or to testify by
telephone, audiovisual means, or other electronic means
before a designated court or at another location in that
state. A court of this State shall cooperate with courts of
other states in designating an appropriate location for the
deposition or testimony.
(c) Documentary evidence transmitted from another state
to a court of this State by technological means that do not
produce an original writing may not be excluded from evidence
on an objection based on the means of transmission.
Section 112. Cooperation Between Courts; Preservation Of
Records.
(a) A court of this State may request the appropriate
court of another state to:
(1) hold an evidentiary hearing;
(2) order a person to produce or give evidence
pursuant to procedures of that state;
(3) order that an evaluation be made with respect to
the custody of a child involved in a pending proceeding;
(4) forward to the court of this State a certified
copy of the transcript of the record of the hearing, the
evidence otherwise presented, and any evaluation prepared
in compliance with the request; and
(5) order a party to a child-custody proceeding or
any person having physical custody of the child to appear
in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of
this State may hold a hearing or enter an order described in
subsection (a).
(c) Travel and other necessary and reasonable expenses
incurred under subsections (a) and (b) may be assessed
against the parties according to the law of this State.
(d) A court of this State shall preserve the pleadings,
orders, decrees, records of hearings, evaluations, and other
pertinent records with respect to a child-custody proceeding
until the child attains 18 years of age. Upon appropriate
request by a court or law enforcement official of another
state, the court shall forward a certified copy of those
records.
ARTICLE 2
JURISDICTION
Section 201. Initial Child-Custody Jurisdiction.
(a) Except as otherwise provided in Section 204, a court
of this State has jurisdiction to make an initial
child-custody determination only if:
(1) this State is the home state of the child on the
date of the commencement of the proceeding, or was the
home state of the child within six months before the
commencement of the proceeding and the child is absent
from this State but a parent or person acting as a parent
continues to live in this State;
(2) a court of another state does not have
jurisdiction under paragraph (1), or a court of the home
state of the child has declined to exercise jurisdiction
on the ground that this State is the more appropriate
forum under Section 207 or 208, and:
(A) the child and the child's parents, or the
child and at least one parent or a person acting as
a parent, have a significant connection with this
State other than mere physical presence; and
(B) substantial evidence is available in this
State concerning the child's care, protection,
training, and personal relationships;
(3) all courts having jurisdiction under paragraph
(1) or (2) have declined to exercise jurisdiction on the
ground that a court of this State is the more appropriate
forum to determine the custody of the child under Section
207 or 208; or
(4) no court of any other state would have
jurisdiction under the criteria specified in paragraph
(1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis
for making a child-custody determination by a court of this
State.
(c) Physical presence of, or personal jurisdiction over,
a party or a child is not necessary or sufficient to make a
child-custody determination.
Section 202. Exclusive, Continuing Jurisdiction.
(a) Except as otherwise provided in Section 204, a court
of this State which has made a child-custody determination
consistent with Section 201 or 203 has exclusive, continuing
jurisdiction over the determination until:
(1) a court of this State determines that neither
the child, the child's parents, and any person acting as
a parent do not have a significant connection with this
State and that substantial evidence is no longer
available in this State concerning the child's care,
protection, training, and personal relationships; or
(2) a court of this State or a court of another
state determines that the child, the child's parents, and
any person acting as a parent do not presently reside in
this State.
(b) A court of this State which has made a child-custody
determination and does not have exclusive, continuing
jurisdiction under this Section may modify that determination
only if it has jurisdiction to make an initial determination
under Section 201.
Section 203. Jurisdiction To Modify Determination.
Except as otherwise provided in Section 204, a court of this
State may not modify a child-custody determination made by a
court of another state unless a court of this State has
jurisdiction to make an initial determination under Section
201(a)(1) or (2) and:
(1) the court of the other state determines it no
longer has exclusive, continuing jurisdiction under
Section 202 or that a court of this State would be a more
convenient forum under Section 207; or
(2) a court of this State or a court of the other
state determines that the child, the child's parents, and
any person acting as a parent do not presently reside in
the other state.
Section 204. Temporary Emergency Jurisdiction.
(a) A court of this State has temporary emergency
jurisdiction if the child is present in this State and the
child has been abandoned or it is necessary in an emergency
to protect the child because the child, or a sibling or
parent of the child, is subjected to or threatened with
mistreatment or abuse.
(b) If there is no previous child-custody determination
that is entitled to be enforced under this Act and a
child-custody proceeding has not been commenced in a court of
a state having jurisdiction under Sections 201 through 203, a
child-custody determination made under this Section remains
in effect until an order is obtained from a court of a state
having jurisdiction under Sections 201 through 203. If a
child-custody proceeding has not been or is not commenced in
a court of a state having jurisdiction under Sections 201
through 203, a child-custody determination made under this
Section becomes a final determination, if it so provides and
this State becomes the home state of the child.
(c) If there is a previous child-custody determination
that is entitled to be enforced under this Act, or a
child-custody proceeding has been commenced in a court of a
state having jurisdiction under Sections 201 through 203, any
order issued by a court of this State under this Section must
specify in the order a period that the court considers
adequate to allow the person seeking an order to obtain an
order from the state having jurisdiction under Sections 201
through 203. The order issued in this State remains in
effect until an order is obtained from the other state within
the period specified or the period expires.
(d) A court of this State which has been asked to make a
child-custody determination under this Section, upon being
informed that a child-custody proceeding has been commenced
in, or a child-custody determination has been made by, a
court of a state having jurisdiction under Sections 201
through 203, shall immediately communicate with the other
court. A court of this State which is exercising
jurisdiction pursuant to Sections 201 through 203, upon being
informed that a child-custody proceeding has been commenced
in, or a child-custody determination has been made by, a
court of another state under a statute similar to this
Section shall immediately communicate with the court of that
state to resolve the emergency, protect the safety of the
parties and the child, and determine a period for the
duration of the temporary order.
Section 205. Notice; Opportunity To Be Heard; Joinder.
(a) Before a child-custody determination is made under
this Act, notice and an opportunity to be heard in accordance
with the standards of Section 108 must be given to all
persons entitled to notice under the law of this State as in
child-custody proceedings between residents of this State,
any parent whose parental rights have not been previously
terminated, and any person having physical custody of the
child.
(b) This Act does not govern the enforceability of a
child-custody determination made without notice or an
opportunity to be heard.
(c) The obligation to join a party and the right to
intervene as a party in a child-custody proceeding under this
Act are governed by the law of this State as in child-custody
proceedings between residents of this State.
Section 206. Simultaneous Proceedings.
(a) Except as otherwise provided in Section 204, a court
of this State may not exercise its jurisdiction under this
Article if, at the time of the commencement of the
proceeding, a proceeding concerning the custody of the child
has been commenced in a court of another state having
jurisdiction substantially in conformity with this Act,
unless the proceeding has been terminated or is stayed by the
court of the other state because a court of this State is a
more convenient forum under Section 207.
(b) Except as otherwise provided in Section 204, a court
of this State, before hearing a child-custody proceeding,
shall examine the court documents and other information
supplied by the parties pursuant to Section 209. If the
court determines that a child-custody proceeding has been
commenced in a court in another state having jurisdiction
substantially in accordance with this Act, the court of this
State shall stay its proceeding and communicate with the
court of the other state. If the court of the state having
jurisdiction substantially in accordance with this Act does
not determine that the court of this State is a more
appropriate forum, the court of this State shall dismiss the
proceeding.
(c) In a proceeding to modify a child-custody
determination, a court of this State shall determine whether
a proceeding to enforce the determination has been commenced
in another state. If a proceeding to enforce a child-custody
determination has been commenced in another state, the court
may:
(1) stay the proceeding for modification pending the
entry of an order of a court of the other state
enforcing, staying, denying, or dismissing the proceeding
for enforcement;
(2) enjoin the parties from continuing with the
proceeding for enforcement; or
(3) proceed with the modification under conditions
it considers appropriate.
Section 207. Inconvenient Forum.
(a) A court of this State which has jurisdiction under
this Act to make a child-custody determination may decline to
exercise its jurisdiction at any time if it determines that
it is an inconvenient forum under the circumstances and that
a court of another state is a more appropriate forum. The
issue of inconvenient forum may be raised upon motion of a
party, the court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient
forum, a court of this State shall consider whether it is
appropriate for a court of another state to exercise
jurisdiction. For this purpose, the court shall allow the
parties to submit information and shall consider all relevant
factors, including:
(1) whether domestic violence has occurred and is
likely to continue in the future and which state could
best protect the parties and the child;
(2) the length of time the child has resided outside
this State;
(3) the distance between the court in this State and
the court in the state that would assume jurisdiction;
(4) the relative financial circumstances of the
parties;
(5) any agreement of the parties as to which state
should assume jurisdiction;
(6) the nature and location of the evidence required
to resolve the pending litigation, including testimony of
the child;
(7) the ability of the court of each state to decide
the issue expeditiously and the procedures necessary to
present the evidence; and
(8) the familiarity of the court of each state with
the facts and issues in the pending litigation.
(c) If a court of this State determines that it is an
inconvenient forum and that a court of another state is a
more appropriate forum, it shall stay the proceedings upon
condition that a child-custody proceeding be promptly
commenced in another designated state and may impose any
other condition the court considers just and proper.
(d) A court of this State may decline to exercise its
jurisdiction under this Act if a child-custody determination
is incidental to an action for divorce or another proceeding
while still retaining jurisdiction over the divorce or other
proceeding.
Section 208. Jurisdiction Declined By Reason Of Conduct.
(a) Except as otherwise provided in Section 204 or by
other law of this State, if a court of this State has
jurisdiction under this Act because a person seeking to
invoke its jurisdiction has engaged in unjustifiable conduct,
the court shall decline to exercise its jurisdiction unless:
(1) the parents and all persons acting as parents
have acquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having
jurisdiction under Sections 201 through 203 determines
that this State is a more appropriate forum under Section
207; or
(3) no court of any other state would have
jurisdiction under the criteria specified in Sections 201
through 203.
(b) If a court of this State declines to exercise its
jurisdiction pursuant to subsection (a), it may fashion an
appropriate remedy to ensure the safety of the child and
prevent a repetition of the unjustifiable conduct, including
staying the proceeding until a child-custody proceeding is
commenced in a court having jurisdiction under Sections 201
through 203.
(c) If a court dismisses a petition or stays a
proceeding because it declines to exercise its jurisdiction
pursuant to subsection (a), it shall assess against the party
seeking to invoke its jurisdiction necessary and reasonable
expenses including costs, communication expenses, attorney's
fees, investigative fees, expenses for witnesses, travel
expenses, and child care during the course of the
proceedings, unless the party from whom fees are sought
establishes that the assessment would be clearly
inappropriate. The court may not assess fees, costs, or
expenses against this State unless authorized by law other
than this Act.
Section 209. Information To Be Submitted To Court.
(a) Subject to any other law providing for the
confidentiality of procedures, addresses, and other
identifying information, in a child-custody proceeding, each
party, in its first pleading or in an attached affidavit,
shall give information, if reasonably ascertainable, under
oath as to the child's present address or whereabouts, the
places where the child has lived during the last five years,
and the names and present addresses of the persons with whom
the child has lived during that period. The pleading or
affidavit must state whether the party:
(1) has participated, as a party or witness or in
any other capacity, in any other proceeding concerning
the custody of or visitation with the child and, if so,
identify the court, the case number, and the date of the
child-custody determination, if any;
(2) knows of any proceeding that could affect the
current proceeding, including proceedings for enforcement
and proceedings relating to domestic violence, protective
orders, termination of parental rights, and adoptions
and, if so, identify the court, the case number, and the
nature of the proceeding; and
(3) knows the names and addresses of any person not
a party to the proceeding who has physical custody of the
child or claims rights of legal custody or physical
custody of, or visitation with, the child and, if so, the
names and addresses of those persons.
(b) If the information required by subsection (a) is not
furnished, the court, upon motion of a party or its own
motion, may stay the proceeding until the information is
furnished.
(c) If the declaration as to any of the items described
in subsection (a)(1) through (3) is in the affirmative, the
declarant shall give additional information under oath as
required by the court. The court may examine the parties
under oath as to details of the information furnished and
other matters pertinent to the court's jurisdiction and the
disposition of the case.
(d) Each party has a continuing duty to inform the court
of any proceeding in this or any other state that could
affect the current proceeding.
(e) (Blank).
Section 210. Appearance Of Parties And Child.
(a) In a child-custody proceeding in this State, the
court may order a party to the proceeding who is in this
State to appear before the court in person with or without
the child. The court may order any person who is in this
State and who has physical custody or control of the child to
appear in person with the child.
(b) If a party to a child-custody proceeding whose
presence is desired by the court is outside this State, the
court may order that a notice given pursuant to Section 108
include a statement directing the party to appear in person
with or without the child and informing the party that
failure to appear may result in a decision adverse to the
party.
(c) The court may enter any orders necessary to ensure
the safety of the child and of any person ordered to appear
under this Section.
(d) If a party to a child-custody proceeding who is
outside this State is directed to appear under subsection (b)
or desires to appear personally before the court with or
without the child, the court may require another party to pay
reasonable and necessary travel and other expenses of the
party so appearing and of the child.
ARTICLE 3
ENFORCEMENT
Section 301. Definitions. In this Article:
(1) "Petitioner" means a person who seeks enforcement of
an order for return of a child under the Hague Convention on
the Civil Aspects of International Child Abduction or
enforcement of a child-custody determination.
(2) "Respondent" means a person against whom a
proceeding has been commenced for enforcement of an order for
return of a child under the Hague Convention on the Civil
Aspects of International Child Abduction or enforcement of a
child-custody determination.
Section 302. Enforcement Under Hague Convention. Under
this Article a court of this State may enforce an order for
the return of the child made under the Hague Convention on
the Civil Aspects of International Child Abduction as if it
were a child-custody determination.
Section 303. Duty To Enforce.
(a) A court of this State shall recognize and enforce a
child-custody determination of a court of another state if
the latter court exercised jurisdiction in substantial
conformity with this Act or the determination was made under
factual circumstances meeting the jurisdictional standards of
this Act and the determination has not been modified in
accordance with this Act.
(b) A court of this State may utilize any remedy
available under other law of this State to enforce a
child-custody determination made by a court of another state.
The remedies provided in this Article are cumulative and do
not affect the availability of other remedies to enforce a
child-custody determination.
Section 304. Temporary Visitation.
(a) A court of this State which does not have
jurisdiction to modify a child-custody determination, may
issue a temporary order enforcing:
(1) a visitation schedule made by a court of another
state; or
(2) the visitation provisions of a child-custody
determination of another state that does not provide for
a specific visitation schedule.
(b) If a court of this State makes an order under
subsection (a)(2), it shall specify in the order a period
that it considers adequate to allow the petitioner to obtain
an order from a court having jurisdiction under the criteria
specified in Article 2. The order remains in effect until an
order is obtained from the other court or the period expires.
Section 305. Registration Of Child-Custody
Determination.
(a) A child-custody determination issued by a court of
another state may be registered in this State, with or
without a simultaneous request for enforcement, by sending to
the circuit court in this State:
(1) a letter or other document requesting
registration;
(2) two copies, including one certified copy, of the
determination sought to be registered, and a statement
under penalty of perjury that to the best of the
knowledge and belief of the person seeking registration
the order has not been modified; and
(3) except as otherwise provided in Section 209, the
name and address of the person seeking registration and
any parent or person acting as a parent who has been
awarded custody or visitation in the child-custody
determination sought to be registered.
(b) On receipt of the documents required by subsection
(a), the registering court shall:
(1) cause the determination to be filed as a foreign
judgment, together with one copy of any accompanying
documents and information, regardless of their form; and
(2) serve notice upon the persons named pursuant to
subsection (a)(3) and provide them with an opportunity to
contest the registration in accordance with this Section.
(c) The notice required by subsection (b)(2) must state
that:
(1) a registered determination is enforceable as of
the date of the registration in the same manner as a
determination issued by a court of this State;
(2) a hearing to contest the validity of the
registered determination must be requested within 20 days
after service of notice; and
(3) failure to contest the registration will result
in confirmation of the child-custody determination and
preclude further contest of that determination with
respect to any matter that could have been asserted.
(d) A person seeking to contest the validity of a
registered order must request a hearing within 20 days after
service of the notice. At that hearing, the court shall
confirm the registered order unless the person contesting
registration establishes that:
(1) the issuing court did not have jurisdiction
under Article 2;
(2) the child-custody determination sought to be
registered has been vacated, stayed, or modified by a
court having jurisdiction to do so under Article 2; or
(3) the person contesting registration was entitled
to notice, but notice was not given in accordance with
the standards of Section 108, in the proceedings before
the court that issued the order for which registration is
sought.
(e) If a timely request for a hearing to contest the
validity of the registration is not made, the registration is
confirmed as a matter of law and the person requesting
registration and all persons served must be notified of the
confirmation.
(f) Confirmation of a registered order, whether by
operation of law or after notice and hearing, precludes
further contest of the order with respect to any matter that
could have been asserted at the time of registration.
Section 306. Enforcement Of Registered Determination.
(a) A court of this State may grant any relief normally
available under the law of this State to enforce a registered
child-custody determination made by a court of another state.
(b) A court of this State shall recognize and enforce,
but may not modify, except in accordance with Article 2, a
registered child-custody determination of a court of another
state.
Section 307. Simultaneous Proceedings. If a proceeding
for enforcement under this Article is commenced in a court of
this State and the court determines that a proceeding to
modify the determination is pending in a court of another
state having jurisdiction to modify the determination under
Article 2, the enforcing court shall immediately communicate
with the modifying court. The proceeding for enforcement
continues unless the enforcing court, after consultation with
the modifying court, stays or dismisses the proceeding.
Section 308. Expedited Enforcement Of Child-Custody
Determination.
(a) A petition under this Article must be verified.
Certified copies of all orders sought to be enforced and of
any order confirming registration must be attached to the
petition. A copy of a certified copy of an order may be
attached instead of the original.
(b) A petition for enforcement of a child-custody
determination must state:
(1) whether the court that issued the determination
identified the jurisdictional basis it relied upon in
exercising jurisdiction and, if so, what the basis was;
(2) whether the determination for which enforcement
is sought has been vacated, stayed, or modified by a
court whose decision must be enforced under this Act and,
if so, identify the court, the case number, and the
nature of the proceeding;
(3) whether any proceeding has been commenced that
could affect the current proceeding, including
proceedings relating to domestic violence, protective
orders, termination of parental rights, and adoptions
and, if so, identify the court, the case number, and the
nature of the proceeding;
(4) the present physical address of the child and
the respondent, if known;
(5) whether relief in addition to the immediate
physical custody of the child and attorney's fees is
sought, including a request for assistance from law
enforcement officials and, if so, the relief sought; and
(6) if the child-custody determination has been
registered and confirmed under Section 305, the date and
place of registration.
(c) Upon the filing of a petition, the court shall issue
an order directing the respondent to appear in person with or
without the child at a hearing and may enter any order
necessary to ensure the safety of the parties and the child.
The hearing must be held on the next judicial day after
service of the order unless that date is impossible. In that
event, the court shall hold the hearing on the first judicial
day possible. The court may extend the date of hearing at
the request of the petitioner.
(d) An order issued under subsection (c) must state the
time and place of the hearing and advise the respondent that
at the hearing the court will order that the petitioner may
take immediate physical custody of the child and the payment
of fees, costs, and expenses under Section 312, and may
schedule a hearing to determine whether further relief is
appropriate, unless the respondent appears and establishes
that:
(1) the child-custody determination has not been
registered and confirmed under Section 305 and that:
(A) the issuing court did not have jurisdiction
under Article 2;
(B) the child-custody determination for which
enforcement is sought has been vacated, stayed, or
modified by a court having jurisdiction to do so
under Article 2;
(C) the respondent was entitled to notice, but
notice was not given in accordance with the
standards of Section 108, in the proceedings before
the court that issued the order for which
enforcement is sought; or
(2) the child-custody determination for which
enforcement is sought was registered and confirmed under
Section 304, but has been vacated, stayed, or modified by
a court of a state having jurisdiction to do so under
Article 2.
Section 309. Service Of Petition And Order. Except as
otherwise provided in Section 311, the petition and order
must be served, by any method authorized by the law of this
State, upon respondent and any person who has physical
custody of the child.
Section 310. Hearing And Order.
(a) Unless the court issues a temporary emergency order
pursuant to Section 204, upon a finding that a petitioner is
entitled to immediate physical custody of the child, the
court shall order that the petitioner may take immediate
physical custody of the child unless the respondent
establishes that:
(1) the child-custody determination has not been
registered and confirmed under Section 305 and that:
(A) the issuing court did not have jurisdiction
under Article 2;
(B) the child-custody determination for which
enforcement is sought has been vacated, stayed, or
modified by a court of a state having jurisdiction
to do so under Article 2; or
(C) the respondent was entitled to notice, but
notice was not given in accordance with the
standards of Section 108, in the proceedings before
the court that issued the order for which
enforcement is sought; or
(2) the child-custody determination for which
enforcement is sought was registered and confirmed under
Section 305 but has been vacated, stayed, or modified by
a court of a state having jurisdiction to do so under
Article 2.
(b) The court shall award the fees, costs, and expenses
authorized under Section 312 and may grant additional relief,
including a request for the assistance of law enforcement
officials, and set a further hearing to determine whether
additional relief is appropriate.
(c) If a party called to testify refuses to answer on
the ground that the testimony may be self-incriminating, the
court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications
between spouses and a defense of immunity based on the
relationship of husband and wife or parent and child may not
be invoked in a proceeding under this Article.
Section 311. Warrant To Take Physical Custody Of Child.
(a) Upon the filing of a petition seeking enforcement of
a child-custody determination, the petitioner may file a
verified application for the issuance of a warrant to take
physical custody of the child if the child is immediately
likely to suffer serious physical harm or be removed from
this State.
(b) If the court, upon the testimony of the petitioner
or other witness, finds that the child is imminently likely
to suffer serious physical harm or be removed from this
State, it may issue a warrant to take physical custody of the
child. The petition must be heard on the next judicial day
after the warrant is executed unless that date is impossible.
In that event, the court shall hold the hearing on the first
judicial day possible. The application for the warrant must
include the statements required by Section 308(b).
(c) A warrant to take physical custody of a child must:
(1) recite the facts upon which a conclusion of
imminent serious physical harm or removal from the
jurisdiction is based;
(2) direct law enforcement officers to take physical
custody of the child immediately; and
(3) provide for the placement of the child pending
final relief.
(d) The respondent must be served with the petition,
warrant, and order immediately after the child is taken into
physical custody.
(e) A warrant to take physical custody of a child is
enforceable throughout this State. If the court finds on the
basis of the testimony of the petitioner or other witness
that a less intrusive remedy is not effective, it may
authorize law enforcement officers to enter private property
to take physical custody of the child. If required by
exigent circumstances of the case, the court may authorize
law enforcement officers to make a forcible entry at any
hour.
(f) The court may impose conditions upon placement of a
child to ensure the appearance of the child and the child's
custodian.
Section 312. Costs, Fees, And Expenses.
(a) The court shall award the prevailing party,
including a state, necessary and reasonable expenses incurred
by or on behalf of the party, including costs, communication
expenses, attorney's fees, investigative fees, expenses for
witnesses, travel expenses, and child care during the course
of the proceedings, unless the party from whom fees or
expenses are sought establishes that the award would be
clearly inappropriate.
(b) The court may not assess fees, costs, or expenses
against a state unless authorized by law other than this Act.
Section 313. Recognition And Enforcement. A court of
this State shall accord full faith and credit to an order
issued by another state and consistent with this Act which
enforces a child-custody determination by a court of another
state unless the order has been vacated, stayed, or modified
by a court having jurisdiction to do so under Article 2.
Section 314. Appeals. An appeal may be taken from a
final order in a proceeding under this Article in accordance
with expedited appellate procedures which are or may be
established by Supreme Court Rule. Unless the court enters a
temporary emergency order under Section 204, the enforcing
court may not stay an order enforcing a child-custody
determination pending appeal.
Section 315. Role Of State's Attorney.
(a) In a case arising under this Act or involving the
Hague Convention on the Civil Aspects of International Child
Abduction, the State's Attorney or other appropriate public
official may take any lawful action, including resort to a
proceeding under this Article or any other available civil
proceeding to locate a child, obtain the return of a child,
or enforce a child-custody determination if there is:
(1) an existing child-custody determination;
(2) a request to do so from a court in a pending
child-custody proceeding;
(3) a reasonable belief that a criminal statute has
been violated; or
(4) a reasonable belief that the child has been
wrongfully removed or retained in violation of the Hague
Convention on the Civil Aspects of International Child
Abduction.
(b) A State's Attorney or appropriate public official
acting under this Section acts on behalf of the court and may
not represent any party.
Section 316. Role Of Law Enforcement. At the request of
a State's Attorney or other appropriate public official
acting under Section 315, a law enforcement officer may take
any lawful action reasonably necessary to locate a child or a
party and assist a State's Attorney or appropriate public
official with responsibilities under Section 315.
Section 317. Costs And Expenses. If the respondent is
not the prevailing party, the court may assess against the
respondent all direct expenses and costs incurred by the
State's Attorney or other appropriate public official and law
enforcement officers under Section 315 or 316.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 401. Application And Construction. In applying
and construing this Uniform Act, consideration must be given
to the need to promote uniformity of the law with respect to
its subject matter among states that enact it.
Section 402. Severability Clause. If any provision of
this Act or its application to any person or circumstance is
held invalid, the invalidity does not affect other provisions
or applications of this Act which can be given effect without
the invalid provision or application, and to this end the
provisions of this Act are severable.
Section 402.1. The Illinois Public Aid Code is amended
by changing Section 10-3.2 as follows:
(305 ILCS 5/10-3.2) (from Ch. 23, par. 10-3.2)
Sec. 10-3.2. Parent Locator Service. The Illinois
Department through its Child and Spouse Support Unit shall
enter into agreements with the Secretary of Health and Human
Services or his designee under which the services of the
federal Parent Locator Service established by the Social
Security Act are made available to this State and the
Illinois Department for the purpose of locating an absent
parent or child when the child has been abducted or otherwise
improperly removed or retained from the physical custody of a
parent or other person entitled to custody of the child, or
in connection with the making or enforcing of a child custody
determination in custody proceedings instituted under the
Uniform Child Custody Jurisdiction Act or the Uniform
Child-Custody Jurisdiction and Enforcement Act, or otherwise
in accordance with law. The Illinois Department shall provide
general information to the public about the availability and
use of the Parent Locator Service in relation to child
abduction and custody determination proceedings, shall
promptly respond to inquiries made by those parties specified
by federal regulations upon receipt of information as to the
location of an absent parent or child from the federal Parent
Locator Service and shall maintain accurate records as to the
number of such inquiries received and processed by the
Department.
(Source: P.A. 83-1396.)
Section 402.2. The Intergovernmental Missing Child
Recovery Act of 1984 is amended by changing Section 7.1 as
follows:
(325 ILCS 40/7.1) (from Ch. 23, par. 2257.1)
Sec. 7.1. In addition to any requirement of Section 601
or 611 of the Illinois Marriage and Dissolution of Marriage
Act or applicable provisions Section 9, 15 or 17 of the
Uniform Child-Custody Child Custody Jurisdiction and
Enforcement Act regarding a custody proceeding of an
out-of-state party, every court in this State, prior to
granting or modifying a custody judgment, shall inquire with
LEADS and the National Crime Information Center to ascertain
whether the child or children in question have been reported
missing or have been involved in or are the victims of a
parental or noncustodial abduction. Such inquiry may be
conducted with any law enforcement agency in this State that
maintains a LEADS terminal or has immediate access to one on
a 24-hour-per-day, 7-day-per-week basis through a written
agreement with another law enforcement agency.
(Source: P.A. 84-171.)
Section 402.3. The Criminal Code of 1961 is amended by
changing Section 32-4a as follows:
(720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
Sec. 32-4a. Harassment of representatives for the child,
jurors, witnesses and family members of representatives for
the child, jurors, and witnesses.
(a) A person who, with intent to harass or annoy one who
has served or is serving or who is a family member of a
person who has served or is serving (1) as a juror because of
the verdict returned by the jury in a pending legal
proceeding or the participation of the juror in the verdict
or (2) as a witness, or who may be expected to serve as a
witness in a pending legal proceeding, because of the
testimony or potential testimony of the witness, communicates
directly or indirectly with the juror, witness, or family
member of a juror or witness in such manner as to produce
mental anguish or emotional distress or who conveys a threat
of injury or damage to the property or person of any juror,
witness, or family member of the juror or witness commits a
Class 2 felony.
(b) A person who, with intent to harass or annoy one who
has served or is serving or who is a family member of a
person who has served or is serving as a representative for
the child, appointed under Section 506 of the Illinois
Marriage and Dissolution of Marriage Act, Section 12 of the
Uniform Child Custody Jurisdiction Act, or Section 2-502 of
the Code of Civil Procedure, because of the representative
service of that capacity, communicates directly or indirectly
with the representative or a family member of the
representative in such manner as to produce mental anguish or
emotional distress or who conveys a threat of injury or
damage to the property or person of any representative or a
family member of the representative commits a Class A
misdemeanor.
(c) For purposes of this Section, "family member" means
a spouse, parent, child, stepchild or other person related by
blood or by present marriage, a person who has, or allegedly
has a child in common, and a person who shares or allegedly
shares a blood relationship through a child.
(Source: P.A. 90-126, eff. 1-1-98; 91-696, eff. 4-13-00.)
Section 402.4. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-9 and 112A-14 as follows:
(725 ILCS 5/112A-9) (from Ch. 38, par. 112A-9)
Sec. 112A-9. Jurisdiction over persons. In child
custody proceedings, the court's personal jurisdiction is
determined by this State's Uniform Child-Custody Child
Custody Jurisdiction and Enforcement Act, as now or hereafter
amended. Otherwise, the courts of this State have
jurisdiction to bind (i) State residents, and (ii)
non-residents having minimum contacts with this State, to the
extent permitted by the long-arm statute, Section 2-209 of
the Code of Civil Procedure, as now or hereafter amended.
(Source: P.A. 84-1305.)
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Order of protection; remedies.
(a) Issuance of order. If the court finds that
petitioner has been abused by a family or household member,
as defined in this Article, an order of protection
prohibiting such abuse shall issue; provided that petitioner
must also satisfy the requirements of one of the following
Sections, as appropriate: Section 112A-17 on emergency
orders, Section 112A-18 on interim orders, or Section 112A-19
on plenary orders. Petitioner shall not be denied an order
of protection because petitioner or respondent is a minor.
The court, when determining whether or not to issue an order
of protection, shall not require physical manifestations of
abuse on the person of the victim. Modification and
extension of prior orders of protection shall be in
accordance with this Article.
(b) Remedies and standards. The remedies to be included
in an order of protection shall be determined in accordance
with this Section and one of the following Sections, as
appropriate: Section 112A-17 on emergency orders, Section
112A-18 on interim orders, and Section 112A-19 on plenary
orders. The remedies listed in this subsection shall be in
addition to other civil or criminal remedies available to
petitioner.
(1) Prohibition of abuse. Prohibit respondent's
harassment, interference with personal liberty,
intimidation of a dependent, physical abuse or willful
deprivation, as defined in this Article, if such abuse
has occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence or household of the petitioner, including one
owned or leased by respondent, if petitioner has a right
to occupancy thereof. The grant of exclusive possession
of the residence shall not affect title to real property,
nor shall the court be limited by the standard set forth
in Section 701 of the Illinois Marriage and Dissolution
of Marriage Act.
(A) Right to occupancy. A party has a right
to occupancy of a residence or household if it is
solely or jointly owned or leased by that party,
that party's spouse, a person with a legal duty to
support that party or a minor child in that party's
care, or by any person or entity other than the
opposing party that authorizes that party's
occupancy (e.g., a domestic violence shelter).
Standards set forth in subparagraph (B) shall not
preclude equitable relief.
(B) Presumption of hardships. If petitioner
and respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure
to the risk of abuse (should petitioner remain at
the residence or household) or from loss of
possession of the residence or household (should
petitioner leave to avoid the risk of abuse). When
determining the balance of hardships, the court
shall also take into account the accessibility of
the residence or household. Hardships need not be
balanced if respondent does not have a right to
occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions.
Order respondent to stay away from petitioner or any
other person protected by the order of protection, or
prohibit respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing and
personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one occasion
as the court directs and in the presence of an
agreed-upon adult third party or law enforcement officer.
(4) Counseling. Require or recommend the
respondent to undergo counseling for a specified duration
with a social worker, psychologist, clinical
psychologist, psychiatrist, family service agency,
alcohol or substance abuse program, mental health center
guidance counselor, agency providing services to elders,
program designed for domestic violence abusers or any
other guidance service the court deems appropriate.
(5) Physical care and possession of the minor
child. In order to protect the minor child from abuse,
neglect, or unwarranted separation from the person who
has been the minor child's primary caretaker, or to
otherwise protect the well-being of the minor child, the
court may do either or both of the following: (i) grant
petitioner physical care or possession of the minor
child, or both, or (ii) order respondent to return a
minor child to, or not remove a minor child from, the
physical care of a parent or person in loco parentis.
If a court finds, after a hearing, that respondent
has committed abuse (as defined in Section 112A-3) of a
minor child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the
minor child's best interest.
(6) Temporary legal custody. Award temporary legal
custody to petitioner in accordance with this Section,
the Illinois Marriage and Dissolution of Marriage Act,
the Illinois Parentage Act of 1984, and this State's
Uniform Child-Custody Child Custody Jurisdiction and
Enforcement Act.
If a court finds, after a hearing, that respondent
has committed abuse (as defined in Section 112A-3) of a
minor child, there shall be a rebuttable presumption that
awarding temporary legal custody to respondent would not
be in the child's best interest.
(7) Visitation. Determine the visitation rights,
if any, of respondent in any case in which the court
awards physical care or temporary legal custody of a
minor child to petitioner. The court shall restrict or
deny respondent's visitation with a minor child if the
court finds that respondent has done or is likely to do
any of the following: (i) abuse or endanger the minor
child during visitation; (ii) use the visitation as an
opportunity to abuse or harass petitioner or petitioner's
family or household members; (iii) improperly conceal or
detain the minor child; or (iv) otherwise act in a manner
that is not in the best interests of the minor child.
The court shall not be limited by the standards set forth
in Section 607.1 of the Illinois Marriage and Dissolution
of Marriage Act. If the court grants visitation, the
order shall specify dates and times for the visitation to
take place or other specific parameters or conditions
that are appropriate. No order for visitation shall
refer merely to the term "reasonable visitation".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for visitation,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall
be prohibited from coming to petitioner's residence to
meet the minor child for visitation, and the parties
shall submit to the court their recommendations for
reasonable alternative arrangements for visitation. A
person may be approved to supervise visitation only after
filing an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child.
Prohibit respondent from removing a minor child from the
State or concealing the child within the State.
(9) Order to appear. Order the respondent to
appear in court, alone or with a minor child, to prevent
abuse, neglect, removal or concealment of the child, to
return the child to the custody or care of the petitioner
or to permit any court-ordered interview or examination
of the child or the respondent.
(10) Possession of personal property. Grant
petitioner exclusive possession of personal property and,
if respondent has possession or control, direct
respondent to promptly make it available to petitioner,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly;
sharing it would risk abuse of petitioner by
respondent or is impracticable; and the balance of
hardships favors temporary possession by petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if
a proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly, and
the balance of hardships favors granting this
remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed
under the Illinois Marriage and Dissolution of Marriage
Act, as now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(12) Order for payment of support. Order
respondent to pay temporary support for the petitioner or
any child in the petitioner's care or custody, when the
respondent has a legal obligation to support that person,
in accordance with the Illinois Marriage and Dissolution
of Marriage Act, which shall govern, among other matters,
the amount of support, payment through the clerk and
withholding of income to secure payment. An order for
child support may be granted to a petitioner with lawful
physical care or custody of a child, or an order or
agreement for physical care or custody, prior to entry of
an order for legal custody. Such a support order shall
expire upon entry of a valid order granting legal custody
to another, unless otherwise provided in the custody
order.
(13) Order for payment of losses. Order respondent
to pay petitioner for losses suffered as a direct result
of the abuse. Such losses shall include, but not be
limited to, medical expenses, lost earnings or other
support, repair or replacement of property damaged or
taken, reasonable attorney's fees, court costs and moving
or other travel expenses, including additional reasonable
expenses for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party
is entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act,
as now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses,
to the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child,
the court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search
for and recovery of the minor child, including but
not limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's
children.
(14.5) Prohibition of firearm possession. (a) When
a complaint is made under a request for an order of
protection, that the respondent has threatened or is
likely to use firearms illegally against the petitioner,
and the respondent is present in court, or has failed to
appear after receiving actual notice, the court shall
examine on oath the petitioner, and any witnesses who may
be produced. If the court is satisfied that there is any
danger of the illegal use of firearms, it shall include
in the order of protection the requirement that any
firearms in the possession of the respondent, except as
provided in subsection (b), be turned over to the local
law enforcement agency for safekeeping. If the
respondent fails to appear, or refuses or fails to
surrender his or her firearms, the court shall issue a
warrant for seizure of any firearm in the possession of
the respondent. The period of safekeeping shall be for a
stated period of time not to exceed 2 years. The firearm
or firearms shall be returned to the respondent at the
end of the stated period or at expiration of the order of
protection, whichever is sooner. (b) If the respondent is
a peace officer as defined in Section 2-13 of the
Criminal Code of 1961, the court shall order that any
firearms used by the respondent in the performance of his
or her duties as a peace officer be surrendered to the
chief law enforcement executive of the agency in which
the respondent is employed, who shall retain the firearms
for safekeeping for the stated period not to exceed 2
years as set forth in the court order.
(15) Prohibition of access to records. If an order
of protection prohibits respondent from having contact
with the minor child, or if petitioner's address is
omitted under subsection (b) of Section 112A-5, or if
necessary to prevent abuse or wrongful removal or
concealment of a minor child, the order shall deny
respondent access to, and prohibit respondent from
inspecting, obtaining, or attempting to inspect or
obtain, school or any other records of the minor child
who is in the care of petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or to effectuate one of
the granted remedies, if supported by the balance of
hardships. If the harm to be prevented by the injunction
is abuse or any other harm that one of the remedies
listed in paragraphs (1) through (16) of this subsection
is designed to prevent, no further evidence is necessary
to establish that the harm is an irreparable injury.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific
remedy, other than payment of support, the court shall
consider relevant factors, including but not limited to
the following:
(i) the nature, frequency, severity, pattern
and consequences of the respondent's past abuse of
the petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner
or any member of petitioner's or respondent's family
or household; and
(ii) the danger that any minor child will be
abused or neglected or improperly removed from the
jurisdiction, improperly concealed within the State
or improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to
the parties from loss of possession of the family home,
the court shall consider relevant factors, including but
not limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the
party, and any minor child or dependent adult in the
party's care, to family, school, church and
community.
(3) Subject to the exceptions set forth in
paragraph (4) of this subsection, the court shall make
its findings in an official record or in writing, and
shall at a minimum set forth the following:
(i) That the court has considered the
applicable relevant factors described in paragraphs
(1) and (2) of this subsection.
(ii) Whether the conduct or actions of
respondent, unless prohibited, will likely cause
irreparable harm or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency
order of protection, the court, as an alternative to or
as a supplement to making the findings described in
paragraphs (c)(3)(i) through (c)(3)(iii) of this
subsection, may use the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of
Sections 112A-5 and 112A-17 is presented to the court,
the court shall examine petitioner on oath or
affirmation. An emergency order of protection shall be
issued by the court if it appears from the contents of
the petition and the examination of petitioner that the
averments are sufficient to indicate abuse by respondent
and to support the granting of relief under the issuance
of the emergency order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the
Illinois Parentage Act of 1984. Absent such an
adjudication, no putative father shall be granted
temporary custody of the minor child, visitation with the
minor child, or physical care and possession of the minor
child, nor shall an order of payment for support of the
minor child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting
of a remedy governed by paragraph (2), (3), (10), (11), or
(16) of subsection (b) of this Section, which may require
such balancing, the court's findings shall so indicate and
shall include a finding as to whether granting the remedy
will result in hardship to respondent that would
substantially outweigh the hardship to petitioner from denial
of the remedy. The findings shall be an official record or
in writing.
(e) Denial of remedies. Denial of any remedy shall not
be based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force,
unless that cause satisfies the standards for justifiable
use of force provided by Article VII of the Criminal Code
of 1961;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force,
such force was justifiable under Article VII of the
Criminal Code of 1961;
(4) Petitioner did not act in self-defense or
defense of another;
(5) Petitioner left the residence or household to
avoid further abuse by respondent;
(6) Petitioner did not leave the residence or
household to avoid further abuse by respondent;
(7) Conduct by any family or household member
excused the abuse by respondent, unless that same conduct
would have excused such abuse if the parties had not been
family or household members.
(Source: P.A. 89-367, eff. 1-1-96.)
Section 402.5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 601 as follows:
(750 ILCS 5/601) (from Ch. 40, par. 601)
Sec. 601. Jurisdiction; Commencement of Proceeding.
(a) A court of this State competent to decide child
custody matters has jurisdiction to make a child custody
determination in original or modification proceedings as
provided in Section 201 4 of the Uniform Child-Custody Child
Custody Jurisdiction and Enforcement Act as adopted by this
State.
(b) A child custody proceeding is commenced in the
court:
(1) by a parent, by filing a petition:
(i) for dissolution of marriage or legal
separation or declaration of invalidity of marriage;
or
(ii) for custody of the child, in the county
in which he is permanently resident or found;
(2) by a person other than a parent, by filing a
petition for custody of the child in the county in which
he is permanently resident or found, but only if he is
not in the physical custody of one of his parents; or
(3) by a stepparent, by filing a petition, if all
of the following circumstances are met:
(A) the child is at least 12 years old;
(B) the custodial parent and stepparent were
married for at least 5 years during which the child
resided with the parent and stepparent;
(C) the custodial parent is deceased or is
disabled and cannot perform the duties of a parent
to the child;
(D) the stepparent provided for the care,
control, and welfare to the child prior to the
initiation of custody proceedings;
(E) the child wishes to live with the
stepparent; and
(F) it is alleged to be in the best interests
and welfare of the child to live with the stepparent
as provided in Section 602 of this Act.
(c) Notice of a child custody proceeding, including an
action for modification of a previous custody order, shall be
given to the child's parents, guardian and custodian, who may
appear, be heard, and file a responsive pleading. The court,
upon showing of good cause, may permit intervention of other
interested parties.
(d) Proceedings for modification of a previous custody
order commenced more than 30 days following the entry of a
previous custody order must be initiated by serving a written
notice and a copy of the petition for modification upon the
child's parent, guardian and custodian at least 30 days prior
to hearing on the petition. Nothing in this Section shall
preclude a party in custody modification proceedings from
moving for a temporary order under Section 603 of this Act.
(e) (Blank). In a custody proceeding involving an
out-of-state party, the court, prior to granting or modifying
a custody judgment, shall consult the registry of
out-of-state judgments to determine whether there exists any
communications or documents alleging that the child who is
the subject of custody proceedings may have been improperly
removed from the physical custody of the person entitled to
custody or may have been improperly retained after a visit or
other temporary relinquishment of physical custody. Where,
on the basis of such documents or communications contained in
the registry of out-of-state judgments, the court determines
that the child who is the subject of custody may have been
improperly removed or retained, the court shall notify the
person or agency who submitted such communications as to the
location of the child, as soon as is practicable.
(Source: P.A. 90-782, eff. 8-14-98.)
Section 402.6. The Illinois Domestic Violence Act of
1986 is amended by changing Sections 208 and 214 as follows:
(750 ILCS 60/208) (from Ch. 40, par. 2312-8)
Sec. 208. Jurisdiction over persons. In child custody
proceedings, the court's personal jurisdiction is determined
by this State's Uniform Child-Custody Child Custody
Jurisdiction and Enforcement Act, as now or hereafter
amended. Otherwise, the courts of this State have
jurisdiction to bind (i) State residents and (ii)
non-residents having minimum contacts with this State, to the
extent permitted by the long-arm statute, Section 2-209 of
the Code of Civil Procedure, as now or hereafter amended.
(Source: P.A. 84-1305.)
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
Sec. 214. Order of protection; remedies.
(a) Issuance of order. If the court finds that
petitioner has been abused by a family or household member or
that petitioner is a high-risk adult who has been abused,
neglected, or exploited, as defined in this Act, an order of
protection prohibiting the abuse, neglect, or exploitation
shall issue; provided that petitioner must also satisfy the
requirements of one of the following Sections, as
appropriate: Section 217 on emergency orders, Section 218 on
interim orders, or Section 219 on plenary orders. Petitioner
shall not be denied an order of protection because petitioner
or respondent is a minor. The court, when determining whether
or not to issue an order of protection, shall not require
physical manifestations of abuse on the person of the victim.
Modification and extension of prior orders of protection
shall be in accordance with this Act.
(b) Remedies and standards. The remedies to be included
in an order of protection shall be determined in accordance
with this Section and one of the following Sections, as
appropriate: Section 217 on emergency orders, Section 218 on
interim orders, and Section 219 on plenary orders. The
remedies listed in this subsection shall be in addition to
other civil or criminal remedies available to petitioner.
(1) Prohibition of abuse, neglect, or exploitation.
Prohibit respondent's harassment, interference with
personal liberty, intimidation of a dependent, physical
abuse, or willful deprivation, neglect or exploitation,
as defined in this Act, or stalking of the petitioner, as
defined in Section 12-7.3 of the Criminal Code of 1961,
if such abuse, neglect, exploitation, or stalking has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence or household of the petitioner, including one
owned or leased by respondent, if petitioner has a right
to occupancy thereof. The grant of exclusive possession
of the residence shall not affect title to real property,
nor shall the court be limited by the standard set forth
in Section 701 of the Illinois Marriage and Dissolution
of Marriage Act.
(A) Right to occupancy. A party has a right
to occupancy of a residence or household if it is
solely or jointly owned or leased by that party,
that party's spouse, a person with a legal duty to
support that party or a minor child in that party's
care, or by any person or entity other than the
opposing party that authorizes that party's
occupancy (e.g., a domestic violence shelter).
Standards set forth in subparagraph (B) shall not
preclude equitable relief.
(B) Presumption of hardships. If petitioner
and respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure
to the risk of abuse (should petitioner remain at
the residence or household) or from loss of
possession of the residence or household (should
petitioner leave to avoid the risk of abuse). When
determining the balance of hardships, the court
shall also take into account the accessibility of
the residence or household. Hardships need not be
balanced if respondent does not have a right to
occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions.
Order respondent to stay away from petitioner or any
other person protected by the order of protection, or
prohibit respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing and
personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one occasion
as the court directs and in the presence of an
agreed-upon adult third party or law enforcement officer.
(4) Counseling. Require or recommend the
respondent to undergo counseling for a specified duration
with a social worker, psychologist, clinical
psychologist, psychiatrist, family service agency,
alcohol or substance abuse program, mental health center
guidance counselor, agency providing services to elders,
program designed for domestic violence abusers or any
other guidance service the court deems appropriate.
(5) Physical care and possession of the minor
child. In order to protect the minor child from abuse,
neglect, or unwarranted separation from the person who
has been the minor child's primary caretaker, or to
otherwise protect the well-being of the minor child, the
court may do either or both of the following: (i) grant
petitioner physical care or possession of the minor
child, or both, or (ii) order respondent to return a
minor child to, or not remove a minor child from, the
physical care of a parent or person in loco parentis.
If a court finds, after a hearing, that respondent
has committed abuse (as defined in Section 103) of a
minor child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the
minor child's best interest.
(6) Temporary legal custody. Award temporary legal
custody to petitioner in accordance with this Section,
the Illinois Marriage and Dissolution of Marriage Act,
the Illinois Parentage Act of 1984, and this State's
Uniform Child-Custody Child Custody Jurisdiction and
Enforcement Act.
If a court finds, after a hearing, that respondent
has committed abuse (as defined in Section 103) of a
minor child, there shall be a rebuttable presumption that
awarding temporary legal custody to respondent would not
be in the child's best interest.
(7) Visitation. Determine the visitation rights,
if any, of respondent in any case in which the court
awards physical care or temporary legal custody of a
minor child to petitioner. The court shall restrict or
deny respondent's visitation with a minor child if the
court finds that respondent has done or is likely to do
any of the following: (i) abuse or endanger the minor
child during visitation; (ii) use the visitation as an
opportunity to abuse or harass petitioner or petitioner's
family or household members; (iii) improperly conceal or
detain the minor child; or (iv) otherwise act in a manner
that is not in the best interests of the minor child.
The court shall not be limited by the standards set forth
in Section 607.1 of the Illinois Marriage and Dissolution
of Marriage Act. If the court grants visitation, the
order shall specify dates and times for the visitation to
take place or other specific parameters or conditions
that are appropriate. No order for visitation shall
refer merely to the term "reasonable visitation".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for visitation,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall
be prohibited from coming to petitioner's residence to
meet the minor child for visitation, and the parties
shall submit to the court their recommendations for
reasonable alternative arrangements for visitation. A
person may be approved to supervise visitation only after
filing an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to
appear in court, alone or with a minor child, to prevent
abuse, neglect, removal or concealment of the child, to
return the child to the custody or care of the petitioner
or to permit any court-ordered interview or examination
of the child or the respondent.
(10) Possession of personal property. Grant
petitioner exclusive possession of personal property and,
if respondent has possession or control, direct
respondent to promptly make it available to petitioner,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly;
sharing it would risk abuse of petitioner by
respondent or is impracticable; and the balance of
hardships favors temporary possession by petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if
a proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly, and
the balance of hardships favors granting this
remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed
under the Illinois Marriage and Dissolution of Marriage
Act, as now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(12) Order for payment of support. Order
respondent to pay temporary support for the petitioner or
any child in the petitioner's care or custody, when the
respondent has a legal obligation to support that person,
in accordance with the Illinois Marriage and Dissolution
of Marriage Act, which shall govern, among other matters,
the amount of support, payment through the clerk and
withholding of income to secure payment. An order for
child support may be granted to a petitioner with lawful
physical care or custody of a child, or an order or
agreement for physical care or custody, prior to entry of
an order for legal custody. Such a support order shall
expire upon entry of a valid order granting legal custody
to another, unless otherwise provided in the custody
order.
(13) Order for payment of losses. Order respondent
to pay petitioner for losses suffered as a direct result
of the abuse, neglect, or exploitation. Such losses
shall include, but not be limited to, medical expenses,
lost earnings or other support, repair or replacement of
property damaged or taken, reasonable attorney's fees,
court costs and moving or other travel expenses,
including additional reasonable expenses for temporary
shelter and restaurant meals.
(i) Losses affecting family needs. If a party
is entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act,
as now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses,
to the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child,
the court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search
for and recovery of the minor child, including but
not limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's
children.
(14.5) Prohibition of firearm possession.
(a) When a complaint is made under a request
for an order of protection, that the respondent has
threatened or is likely to use firearms illegally
against the petitioner, and the respondent is
present in court, or has failed to appear after
receiving actual notice, the court shall examine on
oath the petitioner, and any witnesses who may be
produced. If the court is satisfied that there is
any danger of the illegal use of firearms, it shall
issue an order that any firearms in the possession
of the respondent, except as provided in subsection
(b), be turned over to the local law enforcement
agency for safekeeping. If the respondent has
failed to appear, the court shall issue a warrant
for seizure of any firearm in the possession of the
respondent. The period of safekeeping shall be for a
stated period of time not to exceed 2 years. The
firearm or firearms shall be returned to the
respondent at the end of the stated period or at
expiration of the order of protection, whichever is
sooner.
(b) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of
1961, the court shall order that any firearms used
by the respondent in the performance of his or her
duties as a peace officer be surrendered to the
chief law enforcement executive of the agency in
which the respondent is employed, who shall retain
the firearms for safekeeping for the stated period
not to exceed 2 years as set forth in the court
order.
(15) Prohibition of access to records. If an order
of protection prohibits respondent from having contact
with the minor child, or if petitioner's address is
omitted under subsection (b) of Section 203, or if
necessary to prevent abuse or wrongful removal or
concealment of a minor child, the order shall deny
respondent access to, and prohibit respondent from
inspecting, obtaining, or attempting to inspect or
obtain, school or any other records of the minor child
who is in the care of petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or further abuse,
neglect, or exploitation of a high-risk adult with
disabilities or to effectuate one of the granted
remedies, if supported by the balance of hardships. If
the harm to be prevented by the injunction is abuse or
any other harm that one of the remedies listed in
paragraphs (1) through (16) of this subsection is
designed to prevent, no further evidence is necessary
that the harm is an irreparable injury.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific
remedy, other than payment of support, the court shall
consider relevant factors, including but not limited to
the following:
(i) the nature, frequency, severity, pattern
and consequences of the respondent's past abuse,
neglect or exploitation of the petitioner or any
family or household member, including the
concealment of his or her location in order to evade
service of process or notice, and the likelihood of
danger of future abuse, neglect, or exploitation to
petitioner or any member of petitioner's or
respondent's family or household; and
(ii) the danger that any minor child will be
abused or neglected or improperly removed from the
jurisdiction, improperly concealed within the State
or improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to
the parties from loss of possession of the family home,
the court shall consider relevant factors, including but
not limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the
party, and any minor child or dependent adult in the
party's care, to family, school, church and
community.
(3) Subject to the exceptions set forth in
paragraph (4) of this subsection, the court shall make
its findings in an official record or in writing, and
shall at a minimum set forth the following:
(i) That the court has considered the
applicable relevant factors described in paragraphs
(1) and (2) of this subsection.
(ii) Whether the conduct or actions of
respondent, unless prohibited, will likely cause
irreparable harm or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency
order of protection, the court, as an alternative to or
as a supplement to making the findings described in
paragraphs (c)(3)(i) through (c)(3)(iii) of this
subsection, may use the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of
Sections 203 and 217 is presented to the court, the court
shall examine petitioner on oath or affirmation. An
emergency order of protection shall be issued by the
court if it appears from the contents of the petition and
the examination of petitioner that the averments are
sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the
emergency order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the
Illinois Parentage Act of 1984, the Illinois Public Aid
Code, Section 12 of the Vital Records Act, the Juvenile
Court Act of 1987, the Probate Act of 1985, the Revised
Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, the Expedited
Child Support Act of 1990, any judicial, administrative,
or other act of another state or territory, any other
Illinois statute, or by any foreign nation establishing
the father and child relationship, any other proceeding
substantially in conformity with the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Pub. L. 104-193), or where both parties appeared in
open court or at an administrative hearing acknowledging
under oath or admitting by affirmation the existence of
a father and child relationship. Absent such an
adjudication, finding, or acknowledgement, no putative
father shall be granted temporary custody of the minor
child, visitation with the minor child, or physical care
and possession of the minor child, nor shall an order of
payment for support of the minor child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting
of a remedy governed by paragraph (2), (3), (10), (11), or
(16) of subsection (b) of this Section, which may require
such balancing, the court's findings shall so indicate and
shall include a finding as to whether granting the remedy
will result in hardship to respondent that would
substantially outweigh the hardship to petitioner from denial
of the remedy. The findings shall be an official record or in
writing.
(e) Denial of remedies. Denial of any remedy shall not
be based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force,
unless that cause satisfies the standards for justifiable
use of force provided by Article VII of the Criminal Code
of 1961;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force,
such force was justifiable under Article VII of the
Criminal Code of 1961;
(4) Petitioner did not act in self-defense or
defense of another;
(5) Petitioner left the residence or household to
avoid further abuse, neglect, or exploitation by
respondent;
(6) Petitioner did not leave the residence or
household to avoid further abuse, neglect, or
exploitation by respondent;
(7) Conduct by any family or household member
excused the abuse, neglect, or exploitation by
respondent, unless that same conduct would have excused
such abuse, neglect, or exploitation if the parties had
not been family or household members.
(Source: P.A. 89-367, eff. 1-1-96; 90-118, eff. 1-1-98.)
Section 403. Effective Date. This Act takes effect on
January 1, 2004.
(750 ILCS 35/Act rep.)
Section 404. Repeals. The following Acts and parts of
Acts are hereby repealed:
Uniform Child Custody Jurisdiction Act.
Section 405. Transitional Provision. A motion or other
request for relief made in a child-custody proceeding or to
enforce a child-custody determination which was commenced
before the effective date of this Act is governed by the law
in effect at the time the motion or other request was made.