97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5647

 

Introduced 2/15/2012, by Rep. Michael P. McAuliffe

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/609  from Ch. 40, par. 609

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a parent removes a child from the State, without leave of court, or fails to inform, or knowingly provides false or misleading information to, the other parent about the address and telephone number where the child may be reached during a period of temporary removal from Illinois, the court shall enter an order that terminates the terms of that parent's visitation with the child or terminates the parent's custody of the child.


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A BILL FOR

 

HB5647LRB097 18730 AJO 63965 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 Section 609 as follows:
 
6    (750 ILCS 5/609)  (from Ch. 40, par. 609)
7    Sec. 609. Leave to Remove Children.)
8    (a) The court may grant leave, before or after judgment, to
9any party having custody of any minor child or children to
10remove such child or children from Illinois whenever such
11approval is in the best interests of such child or children.
12The burden of proving that such removal is in the best
13interests of such child or children is on the party seeking the
14removal. When such removal is permitted, the court may require
15the party removing such child or children from Illinois to give
16reasonable security guaranteeing the return of such children.
17    (b) Before a minor child is temporarily removed from
18Illinois, the parent responsible for the removal shall inform
19the other parent, or the other parent's attorney, of the
20address and telephone number where the child may be reached
21during the period of temporary removal, and the date on which
22the child shall return to Illinois.
23    The State of Illinois retains jurisdiction when the minor

 

 

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1child is absent from the State pursuant to this subsection.
2    (b-5) If a parent removes a child from Illinois without
3leave of court as required in subsection (a) or fails to
4inform, or knowingly provides false or misleading information
5to, the other parent as required in subsection (b), the court
6shall enter an order that terminates the terms of the parent's
7visitation with the child or terminates the parent's custody of
8the child.
9    (c) The court may not use the availability of electronic
10communication as a factor in support of a removal of a child by
11the custodial parent from Illinois.
12(Source: P.A. 96-331, eff. 1-1-10.)