97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2102

 

Introduced 2/22/2011, by Rep. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/609  from Ch. 40, par. 609

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that when a court has before it a petition for the removal of a child to a location outside of Illinois, the court shall consider the economic cost to the noncustodial parent to visit the child at or to move to the proposed new location outside of Illinois.


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A BILL FOR

 

HB2102LRB097 09402 AJO 49537 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Section 609 as follows:
 
6    (750 ILCS 5/609)  (from Ch. 40, par. 609)
7    Sec. 609. Leave to Remove Children.)
8    (a) The court may grant leave, before or after judgment, to
9any party having custody of any minor child or children to
10remove such child or children from Illinois whenever such
11approval is in the best interests of such child or children.
12The court shall consider in making this determination the
13economic cost to the noncustodial parent to visit the child at
14the proposed new location or the economic cost to the
15noncustodial parent of also moving to the proposed new location
16outside of Illinois. The burden of proving that such removal is
17in the best interests of such child or children is on the party
18seeking the removal. When such removal is permitted, the court
19may require the party removing such child or children from
20Illinois to give reasonable security guaranteeing the return of
21such children.
22    (b) Before a minor child is temporarily removed from
23Illinois, the parent responsible for the removal shall inform

 

 

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1the other parent, or the other parent's attorney, of the
2address and telephone number where the child may be reached
3during the period of temporary removal, and the date on which
4the child shall return to Illinois.
5    The State of Illinois retains jurisdiction when the minor
6child is absent from the State pursuant to this subsection.
7    (c) The court may not use the availability of electronic
8communication as a factor in support of a removal of a child by
9the custodial parent from Illinois.
10(Source: P.A. 96-331, eff. 1-1-10.)