HB2682 96TH GENERAL ASSEMBLY

LRB096 04730 AJO 14793 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2682

Introduced 2/24/2009, by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

750 ILCS 5/609

from Ch. 40, par. 609

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the court may grant leave, before or after judgment, to any party having custody of any minor child to remove the child to a new residence within the State which is located outside a 100 mile geographical radius of the residence of the child at the time of the initial custody judgment or the last custody order, if removal is in the best interests of the child. The burden of proving that removal is in the best interests of the child is on the party seeking removal. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 609 as follows:

(750 ILCS 5/609) (from Ch. 40, par. 609)

Sec. 609. Relocation of children more than 100 miles inside or outside Illinois. Leave to Remove Children.)

(a) The court may grant leave, before or after judgment, to any party having custody of any minor child or children, or to the primary residential parent in the case of joint custody, to relocate remove such child or children more than 100 miles from the child or children's residence at the time of the last custody order or at the time of the entry of judgment, whether inside or outside the State of from Illinois, whenever such relocation approval is in the best interests of such child or children. The burden of proving that such removal is in the best interests of such child or children is on the party seeking the removal.

(b) When relocation of a child or children such removal is permitted under this Section, the court may require the party relocating the removing such child or children from Illinois to give reasonable security guaranteeing the return of the child or such children.

(c) In determining whether to grant or deny a petition for relocating a child or children, the trial court shall consider the following factors:

(1) The distance of the move.

(2) The motive of the party seeking to relocate the child or children.

(3) The motive of the parent opposing the relocation of the child or children.

(4) The visitation rights of the non-custodial parent and that parent's exercise of those rights.

(5) Whether a reasonable and realistic visitation schedule can be reached if the relocation of the child or children is allowed.

(6) The cost and time involved regarding visitation.

(7) Whether the relocation of the child or children will enhance the general quality of life for both the custodial party and the child or children.

(8) Whether the proposed or planned relocation of the child or children is within 2 years after the entry of the judgment for dissolution of marriage.

(9) Any intent specifically stated by the parties in any joint parenting agreement, marital settlement agreement, or other written agreement.

(10) Other appropriate factors consistent with the child or children's best interest.

(d) The burden of proving that the relocation is in the best interest of the child or children is on the party seeking the relocation.

(e) If the court allows a party seeking relocation of a child or children to move before any final judgment is entered regarding that relocation, the relocation shall not be considered by the trial court as a factor in reaching its final decision.

(f) A petition for relocation of a child or children shall be heard on an expedited basis. The trial court shall make express findings of fact to support its ruling if the non-custodial parent opposes the relocation.

(g) Notwithstanding the provisions of subsections (a) through (f), a party having custody of a child or children, or the primary residential parent in the case of joint custody, shall give written notice to the other party not less than 30 days before changing the residence of a child to a place inside or outside the State of Illinois if the relocation will be more than 100 miles from the child's residence at the time of the entry of the last custody or visitation order. The notice shall be given in accordance with Illinois Supreme Court Rule 11, by certified mail or by personal service and a copy of the notice with proof of service shall be filed with the court. The notice shall include at least the following:

(1) The proposed new residence address, unless protected by an order entered under the Illinois Domestic Violence Act of 1986.

(2) The date of the proposed relocation.

(3) Whether the visitation should be changed and, if so, a proposed visitation schedule.

(4) The fact that if no objection is made within 21 days after service of the written notice the proposed relocation will be allowed subject only to court approval.

If no objection is made within 21 days after service of the written notice, the party seeking to relocate the child or children shall be allowed to relocate the child or children subject to court approval.

If a parent objects to the relocation of the child or children, he or she shall notify the party proposing the relocation in writing within 21 days after service of the written notice of proposed relocation and shall file a copy of the written objection with the court.

If an objection to the relocation of the child or children is made, the party seeking to relocate the child or children shall file a petition seeking leave to relocate the child or children in accordance with subsections (a) through (f).

Nothing contained in this subsection precludes a party seeking to relocate a child or children from filing a petition with a court of competent jurisdiction without following the procedure set forth in this subsection (g).

(h) As used in this Section, "relocation" means a change of residence for a period of 60 days or more.

(i) Nothing in this Section shall be construed to supersede the provisions of Sections 602, 602.1, 604.5, and 611 as they apply to the relocation of a child.

(b) Before a minor child is temporarily removed from Illinois, the parent responsible for the removal shall inform the other parent, or the other parent's attorney, of the address and telephone number where the child may be reached during the period of temporary removal, and the date on which the child shall return to Illinois.

(j) The State of Illinois retains jurisdiction when the minor child is absent from the State pursuant to this Section subsection.

(Source: P.A. 85-768.)

Section 99. Effective date. This Act takes effect upon becoming law.