| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
1 | AN ACT concerning civil law.
| |||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||
4 | Section 5. The Illinois Marriage and Dissolution of | |||||||||||||||||||||||||||
5 | Marriage Act is amended by changing Sections 102, 602.5, 602.7, | |||||||||||||||||||||||||||
6 | 602.10, and 603.10 as follows:
| |||||||||||||||||||||||||||
7 | (750 ILCS 5/102) (from Ch. 40, par. 102)
| |||||||||||||||||||||||||||
8 | Sec. 102. Purposes; Rules of Construction. This Act shall | |||||||||||||||||||||||||||
9 | be liberally
construed and applied to promote its underlying | |||||||||||||||||||||||||||
10 | purposes, which are to:
| |||||||||||||||||||||||||||
11 | (1) provide adequate procedures for the solemnization | |||||||||||||||||||||||||||
12 | and registration
of marriage;
| |||||||||||||||||||||||||||
13 | (2) strengthen and preserve the integrity of marriage | |||||||||||||||||||||||||||
14 | and safeguard family
relationships;
| |||||||||||||||||||||||||||
15 | (3) promote the amicable settlement of disputes that | |||||||||||||||||||||||||||
16 | have arisen between
parties to a marriage;
| |||||||||||||||||||||||||||
17 | (4) mitigate the potential harm to spouses and their | |||||||||||||||||||||||||||
18 | children caused
by the process of an action brought under | |||||||||||||||||||||||||||
19 | this Act, and protect children from exposure to conflict | |||||||||||||||||||||||||||
20 | and violence;
| |||||||||||||||||||||||||||
21 | (5) ensure predictable decision-making for the care of | |||||||||||||||||||||||||||
22 | children and for the allocation of parenting time and other | |||||||||||||||||||||||||||
23 | parental responsibilities, and avoid prolonged uncertainty |
| |||||||
| |||||||
1 | by expeditiously resolving issues involving children; | ||||||
2 | (6) recognize the right of children to a healthy | ||||||
3 | relationship with parents, and the responsibility of | ||||||
4 | parents to ensure such a relationship; | ||||||
5 | (7) acknowledge that the determination of children's | ||||||
6 | best interests, and the allocation of parenting time and | ||||||
7 | significant decision-making responsibilities, are among | ||||||
8 | the paramount responsibilities of our system of justice, | ||||||
9 | and to that end: | ||||||
10 | (A) recognize children's right to a strong and | ||||||
11 | healthy relationship with parents, and parents' | ||||||
12 | concomitant right and responsibility to create and | ||||||
13 | maintain such relationships; | ||||||
14 | (B) recognize that, in the absence of domestic | ||||||
15 | violence or any other factor that the court expressly | ||||||
16 | finds to be relevant, proximity to, and frequent | ||||||
17 | contact with, both parents promotes healthy | ||||||
18 | development of children; | ||||||
19 | (C) facilitate parental planning and agreement | ||||||
20 | about the children's upbringing and allocation of | ||||||
21 | parenting time and other parental responsibilities; | ||||||
22 | (D) continue existing parent-child relationships, | ||||||
23 | and secure the maximum involvement and cooperation of | ||||||
24 | parents regarding the physical, mental, moral, and | ||||||
25 | emotional well-being of the children during and after | ||||||
26 | the litigation; and |
| |||||||
| |||||||
1 | (E) promote or order parents to participate in | ||||||
2 | programs designed to educate parents to: | ||||||
3 | (i) minimize or eliminate rancor and the | ||||||
4 | detrimental effect of litigation in any proceeding | ||||||
5 | involving children; and | ||||||
6 | (ii) facilitate the maximum cooperation of | ||||||
7 | parents in raising their children; and
| ||||||
8 | (F) recognize that, in order to maximize the | ||||||
9 | opportunity for children to maintain and strengthen | ||||||
10 | the children's relationship with each parent, the | ||||||
11 | involvement of both parents for equal time is | ||||||
12 | presumptively in the best interests of the children; | ||||||
13 | (8)
make reasonable provision for support during and
| ||||||
14 | after an underlying dissolution of marriage, legal | ||||||
15 | separation, parentage, or parental responsibility | ||||||
16 | allocation action, including provision for timely advances | ||||||
17 | of interim fees and costs to all attorneys, experts, and | ||||||
18 | opinion witnesses including guardians ad litem and | ||||||
19 | children's representatives, to
achieve substantial parity | ||||||
20 | in parties' access to funds for pre-judgment litigation | ||||||
21 | costs in an action for dissolution of marriage or legal | ||||||
22 | separation;
| ||||||
23 | (9)
eliminate the consideration of marital misconduct | ||||||
24 | in the adjudication
of rights and duties incident to
| ||||||
25 | dissolution of marriage, legal
separation and declaration | ||||||
26 | of invalidity of marriage; and
|
| |||||||
| |||||||
1 | (10)
make provision for the preservation and | ||||||
2 | conservation of marital assets
during the litigation.
| ||||||
3 | (Source: P.A. 99-90, eff. 1-1-16 .)
| ||||||
4 | (750 ILCS 5/602.5) | ||||||
5 | Sec. 602.5. Allocation of parental responsibilities: | ||||||
6 | decision-making. | ||||||
7 | (a) Generally. The court shall allocate decision-making | ||||||
8 | responsibilities according to the child's best interests. | ||||||
9 | Nothing in this Act requires that each parent be allocated | ||||||
10 | decision-making responsibilities. | ||||||
11 | (b) Allocation of significant decision-making | ||||||
12 | responsibilities. Unless the parents otherwise agree in | ||||||
13 | writing on an allocation of significant decision-making | ||||||
14 | responsibilities, or the issue of the allocation of parental | ||||||
15 | responsibilities has been reserved under Section 401, the court | ||||||
16 | shall make the determination. The court shall allocate to one | ||||||
17 | or both of the parents the significant decision-making | ||||||
18 | responsibility for each significant issue affecting the child. | ||||||
19 | Those significant issues shall include, without limitation, | ||||||
20 | the following: | ||||||
21 | (1) Education, including the choice of schools and | ||||||
22 | tutors. | ||||||
23 | (2) Health, including all decisions relating to the | ||||||
24 | medical, dental, and psychological needs of the child and | ||||||
25 | to the treatments arising or resulting from those needs. |
| |||||||
| |||||||
1 | (3) Religion, subject to the following provisions: | ||||||
2 | (A) The court shall allocate decision-making | ||||||
3 | responsibility for the child's religious upbringing in | ||||||
4 | accordance with any express or implied agreement | ||||||
5 | between the parents. | ||||||
6 | (B) The court shall consider evidence of the | ||||||
7 | parents' past conduct as to the child's religious | ||||||
8 | upbringing in allocating decision-making | ||||||
9 | responsibilities consistent with demonstrated past | ||||||
10 | conduct in the absence of an express or implied | ||||||
11 | agreement between the parents. | ||||||
12 | (C) The court shall not allocate any aspect of the | ||||||
13 | child's religious upbringing if it determines that the | ||||||
14 | parents do not or did not have an express or implied | ||||||
15 | agreement for such religious upbringing or that there | ||||||
16 | is insufficient evidence to demonstrate a course of | ||||||
17 | conduct regarding the child's religious upbringing | ||||||
18 | that could serve as a basis for any such order. | ||||||
19 | (4) Extracurricular activities. | ||||||
20 | (c) Determination of child's best interests. In | ||||||
21 | determining the child's best interests for purposes of | ||||||
22 | allocating significant decision-making responsibilities, the | ||||||
23 | court shall consider all relevant factors, including, without | ||||||
24 | limitation, the following: | ||||||
25 | (1) the wishes of the child, taking into account the | ||||||
26 | child's maturity and ability to express reasoned and |
| |||||||
| |||||||
1 | independent preferences as to decision-making; | ||||||
2 | (2) the child's adjustment to his or her home, school, | ||||||
3 | and community; | ||||||
4 | (3) the mental and physical health of all individuals | ||||||
5 | involved; | ||||||
6 | (4) the ability of the parents to cooperate to make | ||||||
7 | decisions, or the level of conflict between the parties | ||||||
8 | that may affect their ability to share decision-making; | ||||||
9 | (5) the level of each parent's participation in past | ||||||
10 | significant decision-making with respect to the child; | ||||||
11 | (6) any prior agreement or course of conduct between | ||||||
12 | the parents relating to decision-making with respect to the | ||||||
13 | child;
| ||||||
14 | (7) the wishes of the parents; | ||||||
15 | (8) the child's needs; | ||||||
16 | (9) the distance between the parents' residences, the | ||||||
17 | cost and difficulty of transporting the child, each | ||||||
18 | parent's and the child's daily schedules, and the ability | ||||||
19 | of the parents to cooperate in the arrangement; | ||||||
20 | (10) whether a restriction on decision-making is | ||||||
21 | appropriate under Section 603.10;
| ||||||
22 | (11) the willingness and ability of each parent to | ||||||
23 | facilitate and encourage a close and continuing | ||||||
24 | relationship between the other parent and the child; | ||||||
25 | (12) the physical violence or threat of physical | ||||||
26 | violence by the child's parent directed against the child; |
| |||||||
| |||||||
1 | (13) the occurrence of abuse against the child or other | ||||||
2 | member of the child's household; | ||||||
3 | (14) whether one of the parents is a sex offender, and | ||||||
4 | if so, the exact nature of the offense and what, if any, | ||||||
5 | treatment in which the parent has successfully | ||||||
6 | participated; and
| ||||||
7 | (15) any other factor that the court expressly finds to | ||||||
8 | be relevant.
| ||||||
9 | (d) A parent shall have sole responsibility for making | ||||||
10 | routine decisions with respect to the child and for emergency | ||||||
11 | decisions affecting the child's health and safety during that | ||||||
12 | parent's parenting time. | ||||||
13 | (e) In allocating significant decision-making | ||||||
14 | responsibilities, the court shall not consider conduct of a | ||||||
15 | parent that does not affect that parent's relationship to the | ||||||
16 | child.
| ||||||
17 | (Source: P.A. 99-90, eff. 1-1-16 .) | ||||||
18 | (750 ILCS 5/602.7)
| ||||||
19 | Sec. 602.7. Allocation of parental responsibilities: | ||||||
20 | parenting time. | ||||||
21 | (a) Allocation of parenting time. Best interests. The court | ||||||
22 | shall allocate parenting time according to the child's best | ||||||
23 | interests.
Unless the parents present a mutually agreed written | ||||||
24 | parenting plan and that plan is approved by the court, the | ||||||
25 | court shall allocate parenting time. There is a rebuttable |
| |||||||
| |||||||
1 | presumption that it is in the child's best interests to award | ||||||
2 | equal time to each parent. In determining the child's best | ||||||
3 | interests for purposes of allocating parenting time, the court | ||||||
4 | shall consider all relevant factors, including, without | ||||||
5 | limitation, the following: | ||||||
6 | (1) the wishes of each parent seeking parenting time; | ||||||
7 | (2) the wishes of the child, taking into account the | ||||||
8 | child's maturity and ability to express reasoned and | ||||||
9 | independent preferences as to parenting time; | ||||||
10 | (3) the amount of time each parent spent performing | ||||||
11 | caretaking functions with respect to the child in the 24 | ||||||
12 | months preceding the filing of any petition for allocation | ||||||
13 | of parental responsibilities or, if the child is under 2 | ||||||
14 | years of age, since the child's birth; | ||||||
15 | (4) any prior agreement or course of conduct between | ||||||
16 | the parents relating to caretaking functions with respect | ||||||
17 | to the child; | ||||||
18 | (5) the interaction and interrelationship of the child | ||||||
19 | with his or her parents and siblings and with any other | ||||||
20 | person who may significantly affect the child's best | ||||||
21 | interests; | ||||||
22 | (6) the child's adjustment to his or her home, school, | ||||||
23 | and community; | ||||||
24 | (7) the mental and physical health of all individuals | ||||||
25 | involved; | ||||||
26 | (8) the child's needs; |
| |||||||
| |||||||
1 | (9) the distance between the parents' residences, the | ||||||
2 | cost and difficulty of transporting the child, each | ||||||
3 | parent's and the child's daily schedules, and the ability | ||||||
4 | of the parents to cooperate in the arrangement; | ||||||
5 | (10) whether a restriction on parenting time is | ||||||
6 | appropriate; | ||||||
7 | (11) the physical violence or threat of physical | ||||||
8 | violence by the child's parent directed against the child | ||||||
9 | or other member of the child's household; | ||||||
10 | (12) the willingness and ability of each parent to | ||||||
11 | place the needs of the child ahead of his or her own needs; | ||||||
12 | (13) the willingness and ability of each parent to | ||||||
13 | facilitate and encourage a close and continuing | ||||||
14 | relationship between the other parent and the child; | ||||||
15 | (14) the occurrence of abuse against the child or other | ||||||
16 | member of the child's household; | ||||||
17 | (15) whether one of the parents is a convicted sex | ||||||
18 | offender or lives with a convicted sex offender and, if so, | ||||||
19 | the exact nature of the offense and what if any treatment | ||||||
20 | the offender has successfully participated in; the parties | ||||||
21 | are entitled to a hearing on the issues raised in this | ||||||
22 | paragraph (15); | ||||||
23 | (16) the terms of a parent's military family-care plan | ||||||
24 | that a parent must complete before deployment if a parent | ||||||
25 | is a member of the United States Armed Forces who is being | ||||||
26 | deployed; and |
| |||||||
| |||||||
1 | (17) any other factor that the court expressly finds to | ||||||
2 | be relevant. | ||||||
3 | If the court deviates from the presumption contained in | ||||||
4 | this subsection, the court shall issue a written decision | ||||||
5 | stating its specific findings of fact and conclusions of law in | ||||||
6 | support of the deviation from the presumption. | ||||||
7 | (b) Restrictions Allocation of parenting time. Unless the | ||||||
8 | parents present a mutually agreed written parenting plan and | ||||||
9 | that plan is approved by the court, the court shall allocate | ||||||
10 | parenting time . It is presumed both parents are fit and the | ||||||
11 | court shall not place any restrictions on parenting time as | ||||||
12 | defined in Section 600 and described in Section 603.10, unless | ||||||
13 | it finds by a preponderance of the evidence that a parent's | ||||||
14 | exercise of parenting time would seriously endanger the child's | ||||||
15 | physical, mental, moral, or emotional health. If the court | ||||||
16 | deviates from the presumption contained in this subsection, the | ||||||
17 | court shall issue a written decision stating its specific | ||||||
18 | findings of fact and conclusions of law in support of the | ||||||
19 | deviation from the presumption. | ||||||
20 | In determining the child's best interests for purposes of | ||||||
21 | allocating parenting time, the court shall consider all | ||||||
22 | relevant factors, including, without limitation, the | ||||||
23 | following: | ||||||
24 | (1) the wishes of each parent seeking parenting time; | ||||||
25 | (2) the wishes of the child, taking into account the | ||||||
26 | child's maturity and ability to express reasoned and |
| |||||||
| |||||||
1 | independent preferences as to parenting time; | ||||||
2 | (3) the amount of time each parent spent performing | ||||||
3 | caretaking functions with respect to the child in the 24 | ||||||
4 | months preceding the filing of any petition for allocation | ||||||
5 | of parental responsibilities or, if the child is under 2 | ||||||
6 | years of age, since the child's birth; | ||||||
7 | (4) any prior agreement or course of conduct between | ||||||
8 | the parents relating to caretaking functions with respect | ||||||
9 | to the child; | ||||||
10 | (5) the interaction and interrelationship of the child | ||||||
11 | with his or her parents and siblings and with any other | ||||||
12 | person who may significantly affect the child's best | ||||||
13 | interests; | ||||||
14 | (6) the child's adjustment to his or her home, school, | ||||||
15 | and community; | ||||||
16 | (7) the mental and physical health of all individuals | ||||||
17 | involved; | ||||||
18 | (8) the child's needs; | ||||||
19 | (9) the distance between the parents' residences, the | ||||||
20 | cost and difficulty of transporting the child, each | ||||||
21 | parent's and the child's daily schedules, and the ability | ||||||
22 | of the parents to cooperate in the arrangement; | ||||||
23 | (10) whether a restriction on parenting time is | ||||||
24 | appropriate; | ||||||
25 | (11) the physical violence or threat of physical | ||||||
26 | violence by the child's parent directed against the child |
| |||||||
| |||||||
1 | or other member of the child's household; | ||||||
2 | (12) the willingness and ability of each parent to | ||||||
3 | place the needs of the child ahead of his or her own needs; | ||||||
4 | (13) the willingness and ability of each parent to | ||||||
5 | facilitate and encourage a close and continuing | ||||||
6 | relationship between the other parent and the child; | ||||||
7 | (14) the occurrence of abuse against the child or other | ||||||
8 | member of the child's household; | ||||||
9 | (15) whether one of the parents is a convicted sex | ||||||
10 | offender or lives with a convicted sex offender and, if so, | ||||||
11 | the exact nature of the offense and what if any treatment | ||||||
12 | the offender has successfully participated in; the parties | ||||||
13 | are entitled to a hearing on the issues raised in this | ||||||
14 | paragraph (15); | ||||||
15 | (16) the terms of a parent's military family-care plan | ||||||
16 | that a parent must complete before deployment if a parent | ||||||
17 | is a member of the United States Armed Forces who is being | ||||||
18 | deployed; and | ||||||
19 | (17) any other factor that the court expressly finds to | ||||||
20 | be relevant. | ||||||
21 | (c) In allocating parenting time, the court shall not | ||||||
22 | consider conduct of a parent that does not affect that parent's | ||||||
23 | relationship to the child.
| ||||||
24 | (d) Upon motion, the court may allow a parent who is | ||||||
25 | deployed or who has orders to be deployed as a member of the | ||||||
26 | United States Armed Forces to designate a person known to the |
| |||||||
| |||||||
1 | child to exercise reasonable substitute visitation on behalf of | ||||||
2 | the deployed parent, if the court determines that substitute | ||||||
3 | visitation is in the best interests of the child. In | ||||||
4 | determining whether substitute visitation is in the best | ||||||
5 | interests of the child, the court shall consider all of the | ||||||
6 | relevant factors listed in subsection (b) of this Section and | ||||||
7 | apply those factors to the person designated as a substitute | ||||||
8 | for the deployed parent for visitation purposes. Visitation | ||||||
9 | orders entered under this subsection are subject to subsections | ||||||
10 | (e) and (f) of Section 602.9 and subsections (c) and (d) of | ||||||
11 | Section 603.10. | ||||||
12 | (e) If the street address of a parent is not identified | ||||||
13 | pursuant to Section 708 of this Act, the court shall require | ||||||
14 | the parties to identify reasonable alternative arrangements | ||||||
15 | for parenting time by the other parent including, but not | ||||||
16 | limited to, parenting time of the minor child at the residence | ||||||
17 | of another person or at a local public or private facility.
| ||||||
18 | (Source: P.A. 99-90, eff. 1-1-16 .) | ||||||
19 | (750 ILCS 5/602.10) | ||||||
20 | Sec. 602.10. Parenting plan. | ||||||
21 | (a) Filing of parenting plan. All parents, within 120 days | ||||||
22 | after service or filing of any petition for allocation of | ||||||
23 | parental responsibilities, must file with the court, either | ||||||
24 | jointly or separately, a proposed parenting plan. The time | ||||||
25 | period for filing a parenting plan may be extended by the court |
| |||||||
| |||||||
1 | for good cause shown. If no appearance has been filed by the | ||||||
2 | respondent, no parenting plan is required unless ordered by the | ||||||
3 | court. | ||||||
4 | (b) No parenting plan filed. In the absence of filing of | ||||||
5 | one or more parenting plans, the court must conduct an | ||||||
6 | evidentiary hearing to allocate parental responsibilities.
| ||||||
7 | (c) Mediation. The court shall order mediation to assist | ||||||
8 | the parents in formulating or modifying a parenting plan or in | ||||||
9 | implementing a parenting plan unless the court determines that | ||||||
10 | impediments to mediation exist. Costs under this subsection | ||||||
11 | shall be allocated between the parties pursuant to the | ||||||
12 | applicable statute or Supreme Court Rule.
| ||||||
13 | (d) Parents' agreement on parenting plan. The parenting | ||||||
14 | plan must be in writing and signed by both parents. The parents | ||||||
15 | must submit the parenting plan to the court for approval within | ||||||
16 | 120 days after service of a petition for allocation of parental | ||||||
17 | responsibilities or the filing of an appearance, except for | ||||||
18 | good cause shown. Notwithstanding the provisions above, the | ||||||
19 | parents may agree upon and submit a parenting plan at any time | ||||||
20 | after the commencement of a proceeding until prior to the entry | ||||||
21 | of a judgment of dissolution of marriage. The agreement is | ||||||
22 | binding upon the court unless it finds, after considering the | ||||||
23 | circumstances of the parties and any other relevant evidence | ||||||
24 | produced by the parties, that the agreement is not in the best | ||||||
25 | interests of the child. If the court does not approve the | ||||||
26 | parenting plan, the court shall make express findings of the |
| |||||||
| |||||||
1 | reason or reasons for its refusal to approve the plan. The | ||||||
2 | court, on its own motion, may conduct an evidentiary hearing to | ||||||
3 | determine whether the parenting plan is in the child's best | ||||||
4 | interests.
| ||||||
5 | (e) Parents cannot agree on parenting plan. When parents | ||||||
6 | fail to submit an agreed parenting plan, each parent must file | ||||||
7 | and submit a written, signed parenting plan to the court within | ||||||
8 | 120 days after the filing of an appearance, except for good | ||||||
9 | cause shown. The court's determination of parenting time should | ||||||
10 | be based on the child's best interests , and it is presumed that | ||||||
11 | it is in the child's best interests to award equal time to each | ||||||
12 | parent . The filing of the plan may be excused by the court if: | ||||||
13 | (1) the parties have commenced mediation for the | ||||||
14 | purpose of formulating a parenting plan; or | ||||||
15 | (2) the parents have agreed in writing to extend the | ||||||
16 | time for filing a proposed plan and the court has approved | ||||||
17 | such an extension; or | ||||||
18 | (3) the court orders otherwise for good cause shown.
| ||||||
19 | (f) Parenting plan contents. At a minimum, a parenting plan | ||||||
20 | must set forth the following: | ||||||
21 | (1) an allocation of significant decision-making | ||||||
22 | responsibilities; | ||||||
23 | (2) provisions for the child's living arrangements and | ||||||
24 | for each parent's parenting time, including either: | ||||||
25 | (A) a schedule that designates in which parent's | ||||||
26 | home the minor child will reside on given days; or |
| |||||||
| |||||||
1 | (B) a formula or method for determining such a | ||||||
2 | schedule in sufficient detail to be enforced in a | ||||||
3 | subsequent proceeding; | ||||||
4 | (3) a mediation provision addressing any proposed | ||||||
5 | reallocation of parenting time or regarding the terms of | ||||||
6 | allocation of parental responsibilities, except that this | ||||||
7 | provision is not required if one parent is allocated all | ||||||
8 | significant decision-making responsibilities; | ||||||
9 | (4) each parent's right of access to medical, dental, | ||||||
10 | and psychological records (subject to the Mental Health and | ||||||
11 | Developmental Disabilities Confidentiality Act), child | ||||||
12 | care records, and school and extracurricular records, | ||||||
13 | reports, and schedules, unless expressly denied by a court | ||||||
14 | order or denied under Section 602.11; | ||||||
15 | (5) a designation of the parent who will be denominated | ||||||
16 | as the parent with the majority of parenting time for | ||||||
17 | purposes of Section 606.10;
| ||||||
18 | (6) the child's residential address for school | ||||||
19 | enrollment purposes only; | ||||||
20 | (7) each parent's residence address and phone number, | ||||||
21 | and each parent's place of employment and employment | ||||||
22 | address and phone number; | ||||||
23 | (8) a requirement that a parent changing his or her | ||||||
24 | residence provide at least 60 days prior written notice of | ||||||
25 | the change to any other parent under the parenting plan or | ||||||
26 | allocation judgment, unless such notice is impracticable |
| |||||||
| |||||||
1 | or unless otherwise ordered by the court. If such notice is | ||||||
2 | impracticable, written notice shall be given at the | ||||||
3 | earliest date practicable. At a minimum, the notice shall | ||||||
4 | set forth the following: | ||||||
5 | (A) the intended date of the change of residence; | ||||||
6 | and | ||||||
7 | (B) the address of the new residence; | ||||||
8 | (9) provisions requiring each parent to notify the | ||||||
9 | other of emergencies, health care, travel plans, or other | ||||||
10 | significant child-related issues; | ||||||
11 | (10) transportation arrangements between the parents; | ||||||
12 | (11) provisions for communications, including | ||||||
13 | electronic communications, with the child during the other | ||||||
14 | parent's parenting time; | ||||||
15 | (12) provisions for resolving issues arising from a | ||||||
16 | parent's future relocation, if applicable; | ||||||
17 | (13) provisions for future modifications of the | ||||||
18 | parenting plan, if specified events occur; | ||||||
19 | (14) provisions for the exercise of the right of first | ||||||
20 | refusal, if so desired, that are consistent with the best | ||||||
21 | interests of the minor child; provisions in the plan for | ||||||
22 | the exercise of the right of first refusal must include: | ||||||
23 | (i) the length and kind of child-care requirements | ||||||
24 | invoking the right of first refusal; | ||||||
25 | (ii) notification to the other parent and for his | ||||||
26 | or her response; |
| |||||||
| |||||||
1 | (iii) transportation requirements; and | ||||||
2 | (iv) any other provision related to the exercise of | ||||||
3 | the right of first refusal necessary to protect and | ||||||
4 | promote the best interests of the minor child; and | ||||||
5 | (15) any other provision that addresses the child's | ||||||
6 | best interests or that will otherwise facilitate | ||||||
7 | cooperation between the parents. | ||||||
8 | The personal information under items (6), (7), and (8) of | ||||||
9 | this subsection is not required if there is evidence of or the | ||||||
10 | parenting plan states that there is a history of domestic | ||||||
11 | violence or abuse, or it is shown that the release of the | ||||||
12 | information is not in the child's or parent's best interests. | ||||||
13 | (g) The court shall conduct a trial or hearing to determine | ||||||
14 | a plan which maximizes the child's relationship and access to | ||||||
15 | both parents and shall ensure that the access and the overall | ||||||
16 | plan are in the best interests of the child. The court shall | ||||||
17 | take the parenting plans into consideration when determining | ||||||
18 | parenting time and responsibilities at trial or hearing. | ||||||
19 | (h) The court may consider, consistent with the best | ||||||
20 | interests of the child as defined in Section 602.7 of this Act, | ||||||
21 | whether to award to one or both of the parties the right of | ||||||
22 | first refusal in accordance with Section 602.3 of this Act.
| ||||||
23 | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17 .) | ||||||
24 | (750 ILCS 5/603.10) | ||||||
25 | Sec. 603.10. Restriction of parental responsibilities. |
| |||||||
| |||||||
1 | (a) After a hearing, if the court finds by a preponderance | ||||||
2 | of the evidence that a parent engaged in any conduct that | ||||||
3 | seriously endangered the child's mental, moral, or physical | ||||||
4 | health or that significantly impaired the child's emotional | ||||||
5 | development, the court shall enter orders as necessary to | ||||||
6 | protect the child. The court shall issue a written decision | ||||||
7 | stating its specific findings of fact and conclusions of law in | ||||||
8 | support of its ruling. Such orders may include, but are not | ||||||
9 | limited to, orders for one or more of the following: | ||||||
10 | (1) a reduction, elimination, or other adjustment of | ||||||
11 | the parent's decision-making responsibilities or parenting | ||||||
12 | time, or both decision-making responsibilities and | ||||||
13 | parenting time; | ||||||
14 | (2) supervision, including ordering the Department of | ||||||
15 | Children and Family Services to exercise continuing | ||||||
16 | supervision under Section 5 of the Children and Family | ||||||
17 | Services Act; | ||||||
18 | (3) requiring the exchange of the child between the | ||||||
19 | parents through an intermediary or in a protected setting; | ||||||
20 | (4) restraining a parent's communication with or | ||||||
21 | proximity to the other parent or the child; | ||||||
22 | (5) requiring a parent to abstain from possessing or | ||||||
23 | consuming alcohol or non-prescribed drugs while exercising | ||||||
24 | parenting time with the child and within a specified period | ||||||
25 | immediately preceding the exercise of parenting time; | ||||||
26 | (6) restricting the presence of specific persons while |
| |||||||
| |||||||
1 | a parent is exercising parenting time with the child; | ||||||
2 | (7) requiring a parent to post a bond to secure the | ||||||
3 | return of the child following the parent's exercise of | ||||||
4 | parenting time or to secure other performance required by | ||||||
5 | the court; | ||||||
6 | (8) requiring a parent to complete a treatment program | ||||||
7 | for perpetrators of abuse, for drug or alcohol abuse, or | ||||||
8 | for other behavior that is the basis for restricting | ||||||
9 | parental responsibilities under this Section; and | ||||||
10 | (9) any other constraints or conditions that the court | ||||||
11 | deems necessary to provide for the child's safety or | ||||||
12 | welfare. | ||||||
13 | (b) The court may modify an order restricting parental | ||||||
14 | responsibilities if, after a hearing, the court finds by a | ||||||
15 | preponderance of the evidence that a modification is in the | ||||||
16 | child's best interests based on (i) a change of circumstances | ||||||
17 | that occurred after the entry of an order restricting parental | ||||||
18 | responsibilities; or (ii) conduct of which the court was | ||||||
19 | previously unaware that seriously endangers the child. In | ||||||
20 | determining whether to modify an order under this subsection, | ||||||
21 | the court must consider factors that include, but need not be | ||||||
22 | limited to, the following: | ||||||
23 | (1) abuse, neglect, or abandonment of the child; | ||||||
24 | (2) abusing or allowing abuse of another person that | ||||||
25 | had an impact upon the child; | ||||||
26 | (3) use of drugs, alcohol, or any other substance in a |
| |||||||
| |||||||
1 | way that interferes with the parent's ability to perform | ||||||
2 | caretaking functions with respect to the child; and | ||||||
3 | (4) persistent continuing interference with the other | ||||||
4 | parent's access to the child, except for actions taken with | ||||||
5 | a reasonable, good-faith belief that they are necessary to | ||||||
6 | protect the child's safety pending adjudication of the | ||||||
7 | facts underlying that belief, provided that the | ||||||
8 | interfering parent initiates a proceeding to determine | ||||||
9 | those facts as soon as practicable. | ||||||
10 | (c) An order granting parenting time to a parent or | ||||||
11 | visitation to another person may be revoked by the court if | ||||||
12 | that parent or other person is found to have knowingly used his | ||||||
13 | or her parenting time or visitation to facilitate contact | ||||||
14 | between the child and a parent who has been barred from contact | ||||||
15 | with the child or to have knowingly used his or her parenting | ||||||
16 | time or visitation to facilitate contact with the child that | ||||||
17 | violates any restrictions imposed on a parent's parenting time | ||||||
18 | by a court of competent jurisdiction. Nothing in this | ||||||
19 | subsection limits a court's authority to enforce its orders in | ||||||
20 | any other manner authorized by law. | ||||||
21 | (d) If parenting time of a parent is restricted, an order | ||||||
22 | granting visitation to a non-parent with a child or an order | ||||||
23 | granting parenting time to the other parent shall contain the | ||||||
24 | following language: | ||||||
25 | "If a person granted parenting time or visitation under | ||||||
26 | this order uses that time to facilitate contact between the |
| |||||||
| |||||||
1 | child and a parent whose parenting time is restricted, or | ||||||
2 | if such a person violates any restrictions placed on | ||||||
3 | parenting time or visitation by the court, the parenting | ||||||
4 | time or visitation granted under this order shall be | ||||||
5 | revoked until further order of court." | ||||||
6 | (e) A parent who, after a hearing, is determined by the | ||||||
7 | court to have been convicted of any offense involving an | ||||||
8 | illegal sex act perpetrated upon a victim less than 18 years of | ||||||
9 | age, including but not limited to an offense under Article 11 | ||||||
10 | of the Criminal Code of 2012, is not entitled to parenting time | ||||||
11 | while incarcerated or while on parole, probation, conditional | ||||||
12 | discharge, periodic imprisonment, or mandatory supervised | ||||||
13 | release for a felony offense, until the parent complies with | ||||||
14 | such terms and conditions as the court determines are in the | ||||||
15 | child's best interests, taking into account the exact nature of | ||||||
16 | the offense and what, if any, treatment in which the parent | ||||||
17 | successfully participated. | ||||||
18 | (f) A parent may not, while the child is present, visit any | ||||||
19 | person granted visitation or parenting time who has been | ||||||
20 | convicted of first degree murder, unless the court finds, after | ||||||
21 | considering all relevant factors, including those set forth in | ||||||
22 | subsection (b) of Section 602.7, that it would be in the | ||||||
23 | child's best interests to allow the child to be present during | ||||||
24 | such a visit.
| ||||||
25 | (Source: P.A. 99-90, eff. 1-1-16 .)
|