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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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