97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5580

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/602  from Ch. 40, par. 602
750 ILCS 5/607  from Ch. 40, par. 607
750 ILCS 5/610  from Ch. 40, par. 610
750 ILCS 5/612 new

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a parent is found to have made a second allegation of child abuse or neglect that is false, the parent shall be permanently barred from having custody or visitation with the child. Provides that a "false allegation" is one that is known by the parent making the allegation, at the time the allegation is made, to be without merit or one that is made with malicious intent. Provides that a finding that an allegation of child abuse or neglect is false constitutes a change in circumstance for the purpose of meeting one of the requirements for a change in custody.


LRB097 17720 AJO 62934 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5580LRB097 17720 AJO 62934 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 Sections 602, 607, and 610
6and by adding Section 612 as follows:
 
7    (750 ILCS 5/602)  (from Ch. 40, par. 602)
8    Sec. 602. Best Interest of Child.
9    (a) The court shall determine custody in accordance with
10the best interest of the child. The court shall consider all
11relevant factors including:
12        (1) the wishes of the child's parent or parents as to
13    his custody;
14        (2) the wishes of the child as to his custodian;
15        (3) the interaction and interrelationship of the child
16    with his parent or parents, his siblings and any other
17    person who may significantly affect the child's best
18    interest;
19        (4) the child's adjustment to his home, school and
20    community;
21        (5) the mental and physical health of all individuals
22    involved;
23        (6) the physical violence or threat of physical

 

 

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1    violence by the child's potential custodian, whether
2    directed against the child or directed against another
3    person;
4        (7) the occurrence of ongoing or repeated abuse as
5    defined in Section 103 of the Illinois Domestic Violence
6    Act of 1986, whether directed against the child or directed
7    against another person;
8        (8) the willingness and ability of each parent to
9    facilitate and encourage a close and continuing
10    relationship between the other parent and the child;
11        (9) whether one of the parents is a sex offender; and
12        (10) the terms of a parent's military family-care plan
13    that a parent must complete before deployment if a parent
14    is a member of the United States Armed Forces who is being
15    deployed; and .
16        (11) the occurrence of a false allegation that the
17    child is an abused or neglected child in a custody or
18    visitation proceeding determined pursuant to Section 612.
19    In the case of a custody proceeding in which a stepparent
20has standing under Section 601, it is presumed to be in the
21best interest of the minor child that the natural parent have
22the custody of the minor child unless the presumption is
23rebutted by the stepparent.
24    (b) The court shall not consider conduct of a present or
25proposed custodian that does not affect his relationship to the
26child.

 

 

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1    (c) Unless the court finds the occurrence of ongoing abuse
2as defined in Section 103 of the Illinois Domestic Violence Act
3of 1986, the court shall presume that the maximum involvement
4and cooperation of both parents regarding the physical, mental,
5moral, and emotional well-being of their child is in the best
6interest of the child. There shall be no presumption in favor
7of or against joint custody.
8(Source: P.A. 95-331, eff. 8-21-07; 96-676, eff. 1-1-10.)
 
9    (750 ILCS 5/607)  (from Ch. 40, par. 607)
10    (Text of Section before amendment by P.A. 97-659)
11    Sec. 607. Visitation.
12    (a) A parent not granted custody of the child is entitled
13to reasonable visitation rights unless the court finds, after a
14hearing, that visitation would endanger seriously the child's
15physical, mental, moral or emotional health. If the custodian's
16street address is not identified, pursuant to Section 708, the
17court shall require the parties to identify reasonable
18alternative arrangements for visitation by a non-custodial
19parent, including but not limited to visitation of the minor
20child at the residence of another person or at a local public
21or private facility.
22        (1) "Visitation" means in-person time spent between a
23    child and the child's parent. In appropriate
24    circumstances, it may include electronic communication
25    under conditions and at times determined by the court.

 

 

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1        (2) "Electronic communication" means time that a
2    parent spends with his or her child during which the child
3    is not in the parent's actual physical custody, but which
4    is facilitated by the use of communication tools such as
5    the telephone, electronic mail, instant messaging, video
6    conferencing or other wired or wireless technologies via
7    the Internet, or another medium of communication.
8    (a-3) Grandparents, great-grandparents, and siblings of a
9minor child, who is one year old or older, have standing to
10bring an action in circuit court by petition, requesting
11visitation in accordance with this Section. The term "sibling"
12in this Section means a brother, sister, stepbrother, or
13stepsister of the minor child. Grandparents,
14great-grandparents, and siblings also have standing to file a
15petition for visitation and any electronic communication
16rights in a pending dissolution proceeding or any other
17proceeding that involves custody or visitation issues,
18requesting visitation in accordance with this Section. A
19petition for visitation with a child by a person other than a
20parent must be filed in the county in which the child resides.
21Nothing in this subsection (a-3) and subsection (a-5) of this
22Section shall apply to a child in whose interests a petition is
23pending under Section 2-13 of the Juvenile Court Act of 1987 or
24a petition to adopt an unrelated child is pending under the
25Adoption Act.
26    (a-5)(1) Except as otherwise provided in this subsection

 

 

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1(a-5), any grandparent, great-grandparent, or sibling may file
2a petition for visitation rights to a minor child if there is
3an unreasonable denial of visitation by a parent and at least
4one of the following conditions exists:
5        (A) (Blank);
6        (A-5) the child's other parent is deceased or has been
7    missing for at least 3 months. For the purposes of this
8    Section a parent is considered to be missing if the
9    parent's location has not been determined and the parent
10    has been reported as missing to a law enforcement agency;
11        (A-10) a parent of the child is incompetent as a matter
12    of law;
13        (A-15) a parent has been incarcerated in jail or prison
14    during the 3 month period preceding the filing of the
15    petition;
16        (B) the child's mother and father are divorced or have
17    been legally separated from each other or there is pending
18    a dissolution proceeding involving a parent of the child or
19    another court proceeding involving custody or visitation
20    of the child (other than any adoption proceeding of an
21    unrelated child) and at least one parent does not object to
22    the grandparent, great-grandparent, or sibling having
23    visitation with the child. The visitation of the
24    grandparent, great-grandparent, or sibling must not
25    diminish the visitation of the parent who is not related to
26    the grandparent, great-grandparent, or sibling seeking

 

 

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1    visitation;
2        (C) (Blank);
3        (D) the child is born out of wedlock, the parents are
4    not living together, and the petitioner is a maternal
5    grandparent, great-grandparent, or sibling of the child
6    born out of wedlock; or
7        (E) the child is born out of wedlock, the parents are
8    not living together, the petitioner is a paternal
9    grandparent, great-grandparent, or sibling, and the
10    paternity has been established by a court of competent
11    jurisdiction.
12    (2) Any visitation rights granted pursuant to this Section
13before the filing of a petition for adoption of a child shall
14automatically terminate by operation of law upon the entry of
15an order terminating parental rights or granting the adoption
16of the child, whichever is earlier. If the person or persons
17who adopted the child are related to the child, as defined by
18Section 1 of the Adoption Act, any person who was related to
19the child as grandparent, great-grandparent, or sibling prior
20to the adoption shall have standing to bring an action pursuant
21to this Section requesting visitation with the child.
22    (3) In making a determination under this subsection (a-5),
23there is a rebuttable presumption that a fit parent's actions
24and decisions regarding grandparent, great-grandparent, or
25sibling visitation are not harmful to the child's mental,
26physical, or emotional health. The burden is on the party

 

 

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1filing a petition under this Section to prove that the parent's
2actions and decisions regarding visitation times are harmful to
3the child's mental, physical, or emotional health.
4    (4) In determining whether to grant visitation, the court
5shall consider the following:
6        (A) the preference of the child if the child is
7    determined to be of sufficient maturity to express a
8    preference;
9        (B) the mental and physical health of the child;
10        (C) the mental and physical health of the grandparent,
11    great-grandparent, or sibling;
12        (D) the length and quality of the prior relationship
13    between the child and the grandparent, great-grandparent,
14    or sibling;
15        (E) the good faith of the party in filing the petition;
16        (F) the good faith of the person denying visitation;
17        (G) the quantity of the visitation time requested and
18    the potential adverse impact that visitation would have on
19    the child's customary activities;
20        (H) whether the child resided with the petitioner for
21    at least 6 consecutive months with or without the current
22    custodian present;
23        (I) whether the petitioner had frequent or regular
24    contact or visitation with the child for at least 12
25    consecutive months;
26        (J) any other fact that establishes that the loss of

 

 

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1    the relationship between the petitioner and the child is
2    likely to harm the child's mental, physical, or emotional
3    health; and
4        (K) whether the grandparent, great-grandparent, or
5    sibling was a primary caretaker of the child for a period
6    of not less than 6 consecutive months; and .
7        (L) the occurrence of a false allegation that the child
8    is an abused or neglected child in a custody or visitation
9    proceeding as determined pursuant to Section 612.
10    (5) The court may order visitation rights for the
11grandparent, great-grandparent, or sibling that include
12reasonable access without requiring overnight or possessory
13visitation.
14    (a-7)(1) Unless by stipulation of the parties, no motion to
15modify a grandparent, great-grandparent, or sibling visitation
16order may be made earlier than 2 years after the date the order
17was filed, unless the court permits it to be made on the basis
18of affidavits that there is reason to believe the child's
19present environment may endanger seriously the child's mental,
20physical, or emotional health.
21    (2) The court shall not modify an order that grants
22visitation to a grandparent, great-grandparent, or sibling
23unless it finds by clear and convincing evidence, upon the
24basis of facts that have arisen since the prior visitation
25order or that were unknown to the court at the time of entry of
26the prior visitation, that a change has occurred in the

 

 

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1circumstances of the child or his or her custodian, and that
2the modification is necessary to protect the mental, physical,
3or emotional health of the child. The court shall state in its
4decision specific findings of fact in support of its
5modification or termination of the grandparent,
6great-grandparent, or sibling visitation. A child's parent may
7always petition to modify visitation upon changed
8circumstances when necessary to promote the child's best
9interest.
10    (3) Attorney fees and costs shall be assessed against a
11party seeking modification of the visitation order if the court
12finds that the modification action is vexatious and constitutes
13harassment.
14    (4) Notice under this subsection (a-7) shall be given as
15provided in subsections (c) and (d) of Section 601.
16    (b) (1) (Blank.)
17    (1.5) The Court may grant reasonable visitation privileges
18to a stepparent upon petition to the court by the stepparent,
19with notice to the parties required to be notified under
20Section 601 of this Act, if the court determines that it is in
21the best interests and welfare of the child, and may issue any
22necessary orders to enforce those visitation privileges. A
23petition for visitation privileges may be filed under this
24paragraph (1.5) whether or not a petition pursuant to this Act
25has been previously filed or is currently pending if the
26following circumstances are met:

 

 

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1        (A) the child is at least 12 years old;
2        (B) the child resided continuously with the parent and
3    stepparent for at least 5 years;
4        (C) the parent is deceased or is disabled and is unable
5    to care for the child;
6        (D) the child wishes to have reasonable visitation with
7    the stepparent; and
8        (E) the stepparent was providing for the care, control,
9    and welfare to the child prior to the initiation of the
10    petition for visitation.
11    (2)(A) A petition for visitation privileges shall not be
12filed pursuant to this subsection (b) by the parents or
13grandparents of a putative father if the paternity of the
14putative father has not been legally established.
15    (B) A petition for visitation privileges may not be filed
16under this subsection (b) if the child who is the subject of
17the grandparents' or great-grandparents' petition has been
18voluntarily surrendered by the parent or parents, except for a
19surrender to the Illinois Department of Children and Family
20Services or a foster care facility, or has been previously
21adopted by an individual or individuals who are not related to
22the biological parents of the child or is the subject of a
23pending adoption petition by an individual or individuals who
24are not related to the biological parents of the child.
25    (3) (Blank).
26    (c) The court may modify an order granting or denying

 

 

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1visitation rights of a parent whenever modification would serve
2the best interest of the child; but the court shall not
3restrict a parent's visitation rights unless it finds that the
4visitation would endanger seriously the child's physical,
5mental, moral or emotional health.
6    (d) If any court has entered an order prohibiting a
7non-custodial parent of a child from any contact with a child
8or restricting the non-custodial parent's contact with the
9child, the following provisions shall apply:
10        (1) If an order has been entered granting visitation
11    privileges with the child to a grandparent or
12    great-grandparent who is related to the child through the
13    non-custodial parent, the visitation privileges of the
14    grandparent or great-grandparent may be revoked if:
15            (i) a court has entered an order prohibiting the
16        non-custodial parent from any contact with the child,
17        and the grandparent or great-grandparent is found to
18        have used his or her visitation privileges to
19        facilitate contact between the child and the
20        non-custodial parent; or
21            (ii) a court has entered an order restricting the
22        non-custodial parent's contact with the child, and the
23        grandparent or great-grandparent is found to have used
24        his or her visitation privileges to facilitate contact
25        between the child and the non-custodial parent in a
26        manner that violates the terms of the order restricting

 

 

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1        the non-custodial parent's contact with the child.
2        Nothing in this subdivision (1) limits the authority of
3    the court to enforce its orders in any manner permitted by
4    law.
5        (2) Any order granting visitation privileges with the
6    child to a grandparent or great-grandparent who is related
7    to the child through the non-custodial parent shall contain
8    the following provision:
9        "If the (grandparent or great-grandparent, whichever
10    is applicable) who has been granted visitation privileges
11    under this order uses the visitation privileges to
12    facilitate contact between the child and the child's
13    non-custodial parent, the visitation privileges granted
14    under this order shall be permanently revoked."
15    (e) No parent, not granted custody of the child, or
16grandparent, or great-grandparent, or stepparent, or sibling
17of any minor child, convicted of any offense involving an
18illegal sex act perpetrated upon a victim less than 18 years of
19age including but not limited to offenses for violations of
20Article 12 of the Criminal Code of 1961, is entitled to
21visitation rights while incarcerated or while on parole,
22probation, conditional discharge, periodic imprisonment, or
23mandatory supervised release for that offense, and upon
24discharge from incarceration for a misdemeanor offense or upon
25discharge from parole, probation, conditional discharge,
26periodic imprisonment, or mandatory supervised release for a

 

 

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1felony offense, visitation shall be denied until the person
2successfully completes a treatment program approved by the
3court.
4    (f) Unless the court determines, after considering all
5relevant factors, including but not limited to those set forth
6in Section 602(a), that it would be in the best interests of
7the child to allow visitation, the court shall not enter an
8order providing visitation rights and pursuant to a motion to
9modify visitation shall revoke visitation rights previously
10granted to any person who would otherwise be entitled to
11petition for visitation rights under this Section who has been
12convicted of first degree murder of the parent, grandparent,
13great-grandparent, or sibling of the child who is the subject
14of the order. Until an order is entered pursuant to this
15subsection, no person shall visit, with the child present, a
16person who has been convicted of first degree murder of the
17parent, grandparent, great-grandparent, or sibling of the
18child without the consent of the child's parent, other than a
19parent convicted of first degree murder as set forth herein, or
20legal guardian.
21    (g) (Blank).
22(Source: P.A. 96-331, eff. 1-1-10.)
 
23    (Text of Section after amendment by P.A. 97-659)
24    Sec. 607. Visitation.
25    (a) A parent not granted custody of the child is entitled

 

 

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1to reasonable visitation rights unless the court finds, after a
2hearing, that visitation would endanger seriously the child's
3physical, mental, moral or emotional health. If the custodian's
4street address is not identified, pursuant to Section 708, the
5court shall require the parties to identify reasonable
6alternative arrangements for visitation by a non-custodial
7parent, including but not limited to visitation of the minor
8child at the residence of another person or at a local public
9or private facility.
10        (1) "Visitation" means in-person time spent between a
11    child and the child's parent. In appropriate
12    circumstances, it may include electronic communication
13    under conditions and at times determined by the court.
14        (2) "Electronic communication" means time that a
15    parent spends with his or her child during which the child
16    is not in the parent's actual physical custody, but which
17    is facilitated by the use of communication tools such as
18    the telephone, electronic mail, instant messaging, video
19    conferencing or other wired or wireless technologies via
20    the Internet, or another medium of communication.
21    (a-3) Grandparents, great-grandparents, and siblings of a
22minor child, who is one year old or older, have standing to
23bring an action in circuit court by petition, requesting
24visitation in accordance with this Section. The term "sibling"
25in this Section means a brother, sister, stepbrother, or
26stepsister of the minor child. Grandparents,

 

 

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1great-grandparents, and siblings also have standing to file a
2petition for visitation and any electronic communication
3rights in a pending dissolution proceeding or any other
4proceeding that involves custody or visitation issues,
5requesting visitation in accordance with this Section. A
6petition for visitation with a child by a person other than a
7parent must be filed in the county in which the child resides.
8Nothing in this subsection (a-3) and subsection (a-5) of this
9Section shall apply to a child in whose interests a petition is
10pending under Section 2-13 of the Juvenile Court Act of 1987 or
11a petition to adopt an unrelated child is pending under the
12Adoption Act.
13    (a-5)(1) Except as otherwise provided in this subsection
14(a-5), any grandparent, great-grandparent, or sibling may file
15a petition for visitation rights to a minor child if there is
16an unreasonable denial of visitation by a parent and at least
17one of the following conditions exists:
18        (A) (Blank);
19        (A-5) the child's other parent is deceased or has been
20    missing for at least 3 months. For the purposes of this
21    Section a parent is considered to be missing if the
22    parent's location has not been determined and the parent
23    has been reported as missing to a law enforcement agency;
24        (A-10) a parent of the child is incompetent as a matter
25    of law;
26        (A-15) a parent has been incarcerated in jail or prison

 

 

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1    during the 3 month period preceding the filing of the
2    petition;
3        (B) the child's mother and father are divorced or have
4    been legally separated from each other or there is pending
5    a dissolution proceeding involving a parent of the child or
6    another court proceeding involving custody or visitation
7    of the child (other than any adoption proceeding of an
8    unrelated child) and at least one parent does not object to
9    the grandparent, great-grandparent, or sibling having
10    visitation with the child. The visitation of the
11    grandparent, great-grandparent, or sibling must not
12    diminish the visitation of the parent who is not related to
13    the grandparent, great-grandparent, or sibling seeking
14    visitation;
15        (C) (Blank);
16        (D) the child is born out of wedlock, the parents are
17    not living together, and the petitioner is a maternal
18    grandparent, great-grandparent, or sibling of the child
19    born out of wedlock; or
20        (E) the child is born out of wedlock, the parents are
21    not living together, the petitioner is a paternal
22    grandparent, great-grandparent, or sibling, and the
23    paternity has been established by a court of competent
24    jurisdiction.
25    (2) Any visitation rights granted pursuant to this Section
26before the filing of a petition for adoption of a child shall

 

 

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1automatically terminate by operation of law upon the entry of
2an order terminating parental rights or granting the adoption
3of the child, whichever is earlier. If the person or persons
4who adopted the child are related to the child, as defined by
5Section 1 of the Adoption Act, any person who was related to
6the child as grandparent, great-grandparent, or sibling prior
7to the adoption shall have standing to bring an action pursuant
8to this Section requesting visitation with the child.
9    (3) In making a determination under this subsection (a-5),
10there is a rebuttable presumption that a fit parent's actions
11and decisions regarding grandparent, great-grandparent, or
12sibling visitation are not harmful to the child's mental,
13physical, or emotional health. The burden is on the party
14filing a petition under this Section to prove that the parent's
15actions and decisions regarding visitation times are harmful to
16the child's mental, physical, or emotional health.
17    (4) In determining whether to grant visitation, the court
18shall consider the following:
19        (A) the preference of the child if the child is
20    determined to be of sufficient maturity to express a
21    preference;
22        (B) the mental and physical health of the child;
23        (C) the mental and physical health of the grandparent,
24    great-grandparent, or sibling;
25        (D) the length and quality of the prior relationship
26    between the child and the grandparent, great-grandparent,

 

 

HB5580- 18 -LRB097 17720 AJO 62934 b

1    or sibling;
2        (E) the good faith of the party in filing the petition;
3        (F) the good faith of the person denying visitation;
4        (G) the quantity of the visitation time requested and
5    the potential adverse impact that visitation would have on
6    the child's customary activities;
7        (H) whether the child resided with the petitioner for
8    at least 6 consecutive months with or without the current
9    custodian present;
10        (I) whether the petitioner had frequent or regular
11    contact or visitation with the child for at least 12
12    consecutive months;
13        (J) any other fact that establishes that the loss of
14    the relationship between the petitioner and the child is
15    likely to harm the child's mental, physical, or emotional
16    health; and
17        (K) whether the grandparent, great-grandparent, or
18    sibling was a primary caretaker of the child for a period
19    of not less than 6 consecutive months; and .
20        (L) the occurrence of a false allegation that the child
21    is an abused or neglected child in a custody or visitation
22    proceeding as determined pursuant to Section 612.
23    (5) The court may order visitation rights for the
24grandparent, great-grandparent, or sibling that include
25reasonable access without requiring overnight or possessory
26visitation.

 

 

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1    (a-7)(1) Unless by stipulation of the parties, no motion to
2modify a grandparent, great-grandparent, or sibling visitation
3order may be made earlier than 2 years after the date the order
4was filed, unless the court permits it to be made on the basis
5of affidavits that there is reason to believe the child's
6present environment may endanger seriously the child's mental,
7physical, or emotional health.
8    (2) The court shall not modify an order that grants
9visitation to a grandparent, great-grandparent, or sibling
10unless it finds by clear and convincing evidence, upon the
11basis of facts that have arisen since the prior visitation
12order or that were unknown to the court at the time of entry of
13the prior visitation, that a change has occurred in the
14circumstances of the child or his or her custodian, and that
15the modification is necessary to protect the mental, physical,
16or emotional health of the child. The court shall state in its
17decision specific findings of fact in support of its
18modification or termination of the grandparent,
19great-grandparent, or sibling visitation. A child's parent may
20always petition to modify visitation upon changed
21circumstances when necessary to promote the child's best
22interest.
23    (3) Attorney fees and costs shall be assessed against a
24party seeking modification of the visitation order if the court
25finds that the modification action is vexatious and constitutes
26harassment.

 

 

HB5580- 20 -LRB097 17720 AJO 62934 b

1    (4) Notice under this subsection (a-7) shall be given as
2provided in subsections (c) and (d) of Section 601.
3    (b) (1) (Blank.)
4    (1.5) The Court may grant reasonable visitation privileges
5to a stepparent upon petition to the court by the stepparent,
6with notice to the parties required to be notified under
7Section 601 of this Act, if the court determines that it is in
8the best interests and welfare of the child, and may issue any
9necessary orders to enforce those visitation privileges. A
10petition for visitation privileges may be filed under this
11paragraph (1.5) whether or not a petition pursuant to this Act
12has been previously filed or is currently pending if the
13following circumstances are met:
14        (A) the child is at least 12 years old;
15        (B) the child resided continuously with the parent and
16    stepparent for at least 5 years;
17        (C) the parent is deceased or is disabled and is unable
18    to care for the child;
19        (D) the child wishes to have reasonable visitation with
20    the stepparent; and
21        (E) the stepparent was providing for the care, control,
22    and welfare to the child prior to the initiation of the
23    petition for visitation.
24    (2)(A) A petition for visitation privileges shall not be
25filed pursuant to this subsection (b) by the parents or
26grandparents of a putative father if the paternity of the

 

 

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1putative father has not been legally established.
2    (B) A petition for visitation privileges may not be filed
3under this subsection (b) if the child who is the subject of
4the grandparents' or great-grandparents' petition has been
5voluntarily surrendered by the parent or parents, except for a
6surrender to the Illinois Department of Children and Family
7Services or a foster care facility, or has been previously
8adopted by an individual or individuals who are not related to
9the biological parents of the child or is the subject of a
10pending adoption petition by an individual or individuals who
11are not related to the biological parents of the child.
12    (3) (Blank).
13    (c) The court may modify an order granting or denying
14visitation rights of a parent whenever modification would serve
15the best interest of the child; but the court shall not
16restrict a parent's visitation rights unless it finds that the
17visitation would endanger seriously the child's physical,
18mental, moral or emotional health.
19    (d) If any court has entered an order prohibiting a
20non-custodial parent of a child from any contact with a child
21or restricting the non-custodial parent's contact with the
22child, the following provisions shall apply:
23        (1) If an order has been entered granting visitation
24    privileges with the child to a grandparent or
25    great-grandparent who is related to the child through the
26    non-custodial parent, the visitation privileges of the

 

 

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1    grandparent or great-grandparent may be revoked if:
2            (i) a court has entered an order prohibiting the
3        non-custodial parent from any contact with the child,
4        and the grandparent or great-grandparent is found to
5        have used his or her visitation privileges to
6        facilitate contact between the child and the
7        non-custodial parent; or
8            (ii) a court has entered an order restricting the
9        non-custodial parent's contact with the child, and the
10        grandparent or great-grandparent is found to have used
11        his or her visitation privileges to facilitate contact
12        between the child and the non-custodial parent in a
13        manner that violates the terms of the order restricting
14        the non-custodial parent's contact with the child.
15        Nothing in this subdivision (1) limits the authority of
16    the court to enforce its orders in any manner permitted by
17    law.
18        (2) Any order granting visitation privileges with the
19    child to a grandparent or great-grandparent who is related
20    to the child through the non-custodial parent shall contain
21    the following provision:
22        "If the (grandparent or great-grandparent, whichever
23    is applicable) who has been granted visitation privileges
24    under this order uses the visitation privileges to
25    facilitate contact between the child and the child's
26    non-custodial parent, the visitation privileges granted

 

 

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1    under this order shall be permanently revoked."
2    (e) No parent, not granted custody of the child, or
3grandparent, or great-grandparent, or stepparent, or sibling
4of any minor child, convicted of any offense involving an
5illegal sex act perpetrated upon a victim less than 18 years of
6age including but not limited to offenses for violations of
7Article 12 of the Criminal Code of 1961, is entitled to
8visitation rights while incarcerated or while on parole,
9probation, conditional discharge, periodic imprisonment, or
10mandatory supervised release for that offense, and upon
11discharge from incarceration for a misdemeanor offense or upon
12discharge from parole, probation, conditional discharge,
13periodic imprisonment, or mandatory supervised release for a
14felony offense, visitation shall be denied until the person
15successfully completes a treatment program approved by the
16court.
17    (f) Unless the court determines, after considering all
18relevant factors, including but not limited to those set forth
19in Section 602(a), that it would be in the best interests of
20the child to allow visitation, the court shall not enter an
21order providing visitation rights and pursuant to a motion to
22modify visitation shall revoke visitation rights previously
23granted to any person who would otherwise be entitled to
24petition for visitation rights under this Section who has been
25convicted of first degree murder of the parent, grandparent,
26great-grandparent, or sibling of the child who is the subject

 

 

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1of the order. Until an order is entered pursuant to this
2subsection, no person shall visit, with the child present, a
3person who has been convicted of first degree murder of the
4parent, grandparent, great-grandparent, or sibling of the
5child without the consent of the child's parent, other than a
6parent convicted of first degree murder as set forth herein, or
7legal guardian.
8    (g) (Blank).
9    (h) Upon motion, the court may allow a parent who is
10deployed or who has orders to be deployed as a member of the
11United States Armed Forces to designate a person known to the
12child to exercise reasonable substitute visitation on behalf of
13the deployed parent, if the court determines that substitute
14visitation is in the best interest of the child. In determining
15whether substitute visitation is in the best interest of the
16child, the court shall consider all of the relevant factors
17listed in subsection (a) of Section 602 and apply those factors
18to the person designated as a substitute for the deployed
19parent for visitation purposes.
20(Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12.)
 
21    (750 ILCS 5/610)  (from Ch. 40, par. 610)
22    (Text of Section before amendment by P.A. 97-659)
23    Sec. 610. Modification.
24    (a) Unless by stipulation of the parties or except as
25provided in subsection (a-5), no motion to modify a custody

 

 

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1judgment may be made earlier than 2 years after its date,
2unless the court permits it to be made on the basis of
3affidavits that there is reason to believe the child's present
4environment may endanger seriously his physical, mental, moral
5or emotional health or unless there is the occurrence of a
6false allegation that the child is an abused or neglected child
7in a custody or visitation proceeding pursuant to Section 612.
8    (a-5) A motion to modify a custody judgment may be made at
9any time by a party who has been informed of the existence of
10facts requiring notice to be given under Section 609.5.
11    (b) The court shall not modify a prior custody judgment
12unless it finds by clear and convincing evidence, upon the
13basis of facts that have arisen since the prior judgment or
14that were unknown to the court at the time of entry of the
15prior judgment, that a change has occurred in the circumstances
16of the child or his custodian, or in the case of a joint
17custody arrangement that a change has occurred in the
18circumstances of the child or either or both parties having
19custody, and that the modification is necessary to serve the
20best interest of the child. The existence of facts requiring
21notice to be given under Section 609.5 of this Act shall be
22considered a change in circumstance. In the case of joint
23custody, if the parties agree to a termination of a joint
24custody arrangement, the court shall so terminate the joint
25custody and make any modification which is in the child's best
26interest. The court shall state in its decision specific

 

 

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1findings of fact in support of its modification or termination
2of joint custody if either parent opposes the modification or
3termination.
4    (c) Attorney fees and costs shall be assessed against a
5party seeking modification if the court finds that the
6modification action is vexatious and constitutes harassment.
7    (d) Notice under this Section shall be given as provided in
8subsections (c) and (d) of Section 601.
9    (e) A party's absence, relocation, or failure to comply
10with the court's orders on custody, visitation, or parenting
11time may not, by itself, be sufficient to justify a
12modification of a prior order if the reason for the absence,
13relocation, or failure to comply is the party's deployment as a
14member of the United States Armed Forces.
15     (f) The occurrence of a false allegation that the child is
16an abused or neglected child in a custody or visitation
17proceeding as determined pursuant to Section 612 shall be
18considered a change in circumstance for the purposes of
19subsection (b).
20(Source: P.A. 96-676, eff. 1-1-10.)
 
21    (Text of Section after amendment by P.A. 97-659)
22    Sec. 610. Modification.
23    (a) Unless by stipulation of the parties or except as
24provided in subsection (a-5), no motion to modify a custody
25judgment may be made earlier than 2 years after its date,

 

 

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1unless the court permits it to be made on the basis of
2affidavits that there is reason to believe the child's present
3environment may endanger seriously his physical, mental, moral
4or emotional health or unless there is the occurrence of a
5false allegation that the child is an abused or neglected child
6in a custody or visitation proceeding pursuant to Section 612.
7    (a-5) A motion to modify a custody judgment may be made at
8any time by a party who has been informed of the existence of
9facts requiring notice to be given under Section 609.5.
10    (b) The court shall not modify a prior custody judgment
11unless it finds by clear and convincing evidence, upon the
12basis of facts that have arisen since the prior judgment or
13that were unknown to the court at the time of entry of the
14prior judgment, that a change has occurred in the circumstances
15of the child or his custodian, or in the case of a joint
16custody arrangement that a change has occurred in the
17circumstances of the child or either or both parties having
18custody, and that the modification is necessary to serve the
19best interest of the child. The existence of facts requiring
20notice to be given under Section 609.5 of this Act shall be
21considered a change in circumstance. In the case of joint
22custody, if the parties agree to a termination of a joint
23custody arrangement, the court shall so terminate the joint
24custody and make any modification which is in the child's best
25interest. The court shall state in its decision specific
26findings of fact in support of its modification or termination

 

 

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1of joint custody if either parent opposes the modification or
2termination.
3    (c) Attorney fees and costs shall be assessed against a
4party seeking modification if the court finds that the
5modification action is vexatious and constitutes harassment.
6    (d) Notice under this Section shall be given as provided in
7subsections (c) and (d) of Section 601.
8    (e) (Blank).
9    (f) A court may only provide for a temporary modification
10of a custody or visitation order during a period of a parent's
11deployment by the United States Armed Forces in order to make
12reasonable accommodations necessitated by the deployment. The
13temporary order shall specify that deployment is the basis for
14the order and shall include provisions for:
15        (1) custody or reasonable visitation during a period of
16    leave granted to the deployed parent if the custody or
17    reasonable visitation is in the child's best interest;
18        (2) if appropriate, visitation by electronic
19    communication; and
20        (3) the court's reservation of jurisdiction to modify
21    or terminate the temporary modification order upon the
22    termination of the deployed parent's deployment upon such
23    terms and conditions as the court may deem necessary to
24    serve the child's best interest at the time of the
25    termination of the deployment.
26    (g) A party's past, current, or possible future absence or

 

 

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1relocation, or failure to comply with the court's orders on
2custody, visitation, or parenting time may not, by itself, be
3sufficient to justify a modification of a prior order if the
4reason for the absence, relocation or failure to comply is the
5party's deployment as a member of the United States Armed
6Forces.
7    (h) The occurrence of a false allegation that the child is
8an abused or neglected child in a custody or visitation
9proceeding as determined pursuant to Section 612 shall be
10considered a change in circumstance for the purposes of
11subsection (b).
12(Source: P.A. 96-676, eff. 1-1-10; 97-659, eff. 6-1-12.)
 
13    (750 ILCS 5/612 new)
14    Sec. 612. Allegations of abuse or neglect.
15    (a) If an allegation that a child is an abused or neglected
16child is made in a custody or visitation proceeding, the court
17may request that the Department or a local law enforcement
18agency conduct an investigation of the allegation. Upon
19completion of the investigation, the Department or the local
20law enforcement agency shall report its findings to the court.
21If the Department or the local law enforcement agency finds
22that the allegation is unfounded, the court shall hold a
23hearing to review all available evidence regarding the
24allegation. For the purposes of this Section:
25    "Abused child" shall have the same meaning as set forth in

 

 

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1Section 3 of the Abused and Neglected Child Reporting Act;
2    "Department" means the Department of Children and Family
3Services; and
4    "Neglected child" shall have the same meaning as set forth
5in Section 3 of the Abused and Neglected Child Reporting Act.
6    (b) If the court determines, based on the investigation
7described in subsection (a) or other evidence presented to it,
8that an allegation that a child is an abused or neglected child
9made during a custody or visitation proceeding is false and
10that the person who made the allegation knew it to be false at
11the time it was made and the person intended the allegation to
12influence a court ruling in the custody or visitation
13proceeding, the court may:
14        (1) impose reasonable monetary sanctions, equal to the
15    total of all costs incurred by the accused party as a
16    direct result of defending the allegation and by the
17    Department or the local law enforcement agency as a direct
18    result of investigating the allegation under subsection
19    (a), and reasonable attorney's fees incurred in recovering
20    the sanctions against the person making the allegation; and
21        (2) hold the person who made the false allegation in
22    civil contempt or criminal contempt; or
23        (3) both civil contempt and criminal contempt.
24    (c) If a court determines that a person made a second false
25allegation that a child is an abused or neglected child in a
26custody or visitation proceeding as provided in this Section,

 

 

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1the court may, in addition to any remedy under subsection (b)
2of this Section, prohibit the person from receiving custody or
3visitation rights with regard to the child involved in the
4allegation.
5    (d) The court shall direct the circuit court clerk to
6provide a written notice to any party in any proceeding in
7which custody or visitation is in issue that making a false
8allegation that a child is an abused or neglected child in a
9custody or visitation proceeding may result in:
10        (1) monetary sanctions and a holding of the person in
11    contempt; and
12        (2) the loss of the person's right to custody or
13    visitation.
 
14    Section 95. No acceleration or delay. Where this Act makes
15changes in a statute that is represented in this Act by text
16that is not yet or no longer in effect (for example, a Section
17represented by multiple versions), the use of that text does
18not accelerate or delay the taking effect of (i) the changes
19made by this Act or (ii) provisions derived from any other
20Public Act.