State of Illinois
90th General Assembly
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[ Introduced ][ House Amendment 001 ]

90_HB1561eng

      750 ILCS 5/604            from Ch. 40, par. 604
          Amends the Marriage  and  Dissolution  of  Marriage  Act.
      Provides  that  the court shall interview any child age 12 or
      older and may interview any child under age 12,  who  is  the
      subject  of  a  petition  for  leave to remove the child from
      Illinois, to ascertain the child's wishes as to removal.
                                                    LRB9004210SMcwA
HB1561 Engrossed                              LRB9004210SMcwA
 1        AN ACT to amend the Illinois Marriage and Dissolution  of
 2    Marriage Act by changing Section 604.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Marriage  and  Dissolution  of
 6    Marriage Act is amended by changing Section 604 as follows:
 7        (750 ILCS 5/604) (from Ch. 40, par. 604)
 8        Sec. 604. Interviews.)
 9        (a)  The  court  may  interview  the child in chambers to
10    ascertain the child's wishes as to his custodian  and  as  to
11    visitation.  The  court  shall  interview any child age 12 or
12    older unless the court finds that the interview would  result
13    in  irreparable harm to the child and may interview any child
14    under age 12,   who  is  the  subject  of  a  petition  filed
15    pursuant  to  this  Act  for  leave  to  remove  children, to
16    ascertain the child's wishes as  to  removal  from  Illinois.
17    Counsel  shall  be  present at the interview unless otherwise
18    agreed upon by the parties. The court  shall  cause  a  court
19    reporter  to  be  present who shall make a complete record of
20    the interview instantaneously to be part of the record in the
21    case.
22        (b)  The  court  may  seek  the  advice  of  professional
23    personnel, whether or not employed by the court on a  regular
24    basis.  The  advice  given  shall  be  in  writing  and  made
25    available  by the court to counsel. Counsel may examine, as a
26    witness, any professional personnel consulted by  the  court,
27    designated as a court's witness.
28    (Source: P.A. 80-923.)

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