Full Text of HB2186 101st General Assembly
HB2186 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2186 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED: |
| 750 ILCS 5/600 | | 750 ILCS 5/609.2 | |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Changes the definition of "relocation" to mean: a change of residence from the child's current primary residence to a new residence within this State (rather than located in a specific county within in this State) that is more than 50 miles (rather than 25 miles) from the child's current residence; or a change of residence from the child's current primary residence to a residence outside the borders of this State that is more than 50 miles (rather than 25 miles) from the current primary residence. Makes conforming changes.
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| | A BILL FOR |
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| 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 600 and 609.2 as | 6 | | follows: | 7 | | (750 ILCS 5/600) | 8 | | Sec. 600. Definitions. For purposes of this Part VI: | 9 | | (a) "Abuse" has the meaning ascribed to that term in | 10 | | Section 103 of the Illinois Domestic Violence Act of 1986. | 11 | | (b) "Allocation judgment" means a judgment allocating | 12 | | parental responsibilities. | 13 | | (c) "Caretaking functions" means tasks that involve | 14 | | interaction with a child or that direct, arrange, and supervise | 15 | | the interaction with and care of a child provided by others, or | 16 | | for obtaining the resources allowing for the provision of these | 17 | | functions. The term includes, but is not limited to, the | 18 | | following: | 19 | | (1) satisfying a child's nutritional needs; managing a | 20 | | child's bedtime and wake-up routines; caring for a child | 21 | | when the child is sick or injured; being attentive to a | 22 | | child's personal hygiene needs, including washing, | 23 | | grooming, and dressing; playing with a child and ensuring |
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| 1 | | the child attends scheduled extracurricular activities; | 2 | | protecting a child's physical safety; and providing | 3 | | transportation for a child; | 4 | | (2) directing a child's various developmental needs, | 5 | | including the acquisition of motor and language skills, | 6 | | toilet training, self-confidence, and maturation; | 7 | | (3) providing discipline, giving instruction in | 8 | | manners, assigning and supervising chores, and performing | 9 | | other tasks that attend to a child's needs for behavioral | 10 | | control and self-restraint; | 11 | | (4) ensuring the child attends school, including | 12 | | remedial and special services appropriate to the child's | 13 | | needs and interests, communicating with teachers and | 14 | | counselors, and supervising homework; | 15 | | (5) helping a child develop and maintain appropriate | 16 | | interpersonal relationships with peers, siblings, and | 17 | | other family members; | 18 | | (6) ensuring the child attends medical appointments | 19 | | and is available for medical follow-up and meeting the | 20 | | medical needs of the child in the home; | 21 | | (7) providing moral and ethical guidance for a child; | 22 | | and | 23 | | (8) arranging alternative care for a child by a family | 24 | | member, babysitter, or other child care provider or | 25 | | facility, including investigating such alternatives, | 26 | | communicating with providers, and supervising such care. |
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| 1 | | (d) "Parental responsibilities" means both parenting time | 2 | | and significant decision-making responsibilities with respect | 3 | | to a child. | 4 | | (e) "Parenting time" means the time during which a parent | 5 | | is responsible for exercising caretaking functions and | 6 | | non-significant decision-making responsibilities with respect | 7 | | to the child. | 8 | | (f) "Parenting plan" means a written agreement that | 9 | | allocates significant decision-making responsibilities, | 10 | | parenting time, or both. | 11 | | (g) "Relocation" means: | 12 | | (1) a change of residence from the child's current | 13 | | primary residence located in the county of Cook, DuPage, | 14 | | Kane, Lake, McHenry, or Will to a new residence within this | 15 | | State that is more than 50 25 miles from the child's | 16 | | current residence, as measured by an Internet mapping | 17 | | service; | 18 | | (2) (blank); or a change of residence from the child's | 19 | | current primary residence located in a county not listed in | 20 | | paragraph (1) to a new residence within this State that is | 21 | | more than 50 miles from the child's current primary | 22 | | residence, as measured by an Internet mapping service; or | 23 | | (3)
a change of residence from the child's current | 24 | | primary residence to a residence outside the borders of | 25 | | this State that is more than 50 25 miles from the current | 26 | | primary residence, as measured by an Internet mapping |
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| 1 | | service. | 2 | | (h) "Religious upbringing" means the choice of religion or | 3 | | denomination of a religion, religious schooling, religious | 4 | | training, or participation in religious customs or practices. | 5 | | (i) "Restriction of parenting time" means any limitation or | 6 | | condition placed on parenting time, including supervision. | 7 | | (j) "Right of first refusal" has the meaning provided in | 8 | | subsection (b) of Section 602.3 of this Act. | 9 | | (k) "Significant decision-making" means deciding issues of | 10 | | long-term importance in the life of a child. | 11 | | (l) "Step-parent" means a person married to a child's | 12 | | parent, including a person married to the child's parent | 13 | | immediately prior to the parent's death. | 14 | | (m) "Supervision" means the presence of a third party | 15 | | during a parent's exercise of parenting time.
| 16 | | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17 .) | 17 | | (750 ILCS 5/609.2) | 18 | | Sec. 609.2. Parent's relocation.
| 19 | | (a) A parent's relocation constitutes a substantial change | 20 | | in circumstances for purposes of Section 610.5. | 21 | | (b) A parent who has been allocated a majority of parenting | 22 | | time or either parent who has been allocated equal parenting | 23 | | time may seek to relocate with a child. | 24 | | (c) A parent intending a relocation, as that term is | 25 | | defined in paragraph (1), (2), or (3) of subsection (g) of |
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| 1 | | Section 600 of this Act, must provide written notice of the | 2 | | relocation to the other parent under the parenting plan or | 3 | | allocation judgment. A copy of the notice required under this | 4 | | Section shall be filed with the clerk of the circuit court. The | 5 | | court may waive or seal some or all of the information required | 6 | | in the notice if there is a history of domestic violence. | 7 | | (d) The notice must provide at least 60 days' written | 8 | | notice before the relocation unless such notice is | 9 | | impracticable (in which case written notice shall be given at | 10 | | the earliest date practicable) or unless otherwise ordered by | 11 | | the court. At a minimum, the notice must set forth the | 12 | | following: | 13 | | (1) the intended date of the parent's relocation; | 14 | | (2) the address of the parent's intended new residence, | 15 | | if known; and | 16 | | (3) the length of time the relocation will last, if the | 17 | | relocation is not for an indefinite or permanent period. | 18 | | The court may consider a parent's failure to comply with | 19 | | the notice requirements of this Section without good cause (i) | 20 | | as a factor in determining whether the parent's relocation is | 21 | | in good faith; and (ii) as a basis for awarding reasonable | 22 | | attorney's fees and costs resulting from the parent's failure | 23 | | to comply with these provisions. | 24 | | (e) If the non-relocating parent signs the notice that was | 25 | | provided pursuant to subsection (c) and the relocating parent | 26 | | files the notice with the court, relocation shall be allowed |
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| 1 | | without any further court action. The court shall modify the | 2 | | parenting plan or allocation judgment to accommodate a parent's | 3 | | relocation as agreed by the parents, as long as the agreed | 4 | | modification is in the child's best interests. | 5 | | (f) If the non-relocating parent objects to the relocation, | 6 | | fails to sign the notice provided under subsection (c), or the | 7 | | parents cannot agree on modification of the parenting plan or | 8 | | allocation judgment, the parent seeking relocation must file a | 9 | | petition seeking permission to relocate. | 10 | | (g) The court shall modify the parenting plan or allocation | 11 | | judgment in accordance with the child's best interests. The | 12 | | court shall consider the following factors: | 13 | | (1) the circumstances and reasons for the intended | 14 | | relocation; | 15 | | (2) the reasons, if any, why a parent is objecting to | 16 | | the
intended relocation; | 17 | | (3) the history and quality of each parent's | 18 | | relationship with the child and specifically whether a | 19 | | parent has substantially failed or refused to exercise the | 20 | | parental responsibilities allocated to him or her under the | 21 | | parenting plan or allocation judgment; | 22 | | (4) the educational opportunities for the child at the | 23 | | existing location and at the proposed new location; | 24 | | (5) the presence or absence of extended family at the | 25 | | existing location and at the proposed new location; | 26 | | (6) the anticipated impact of the relocation on the |
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| 1 | | child; | 2 | | (7) whether the court will be able to fashion a | 3 | | reasonable allocation of parental responsibilities between | 4 | | all parents if the relocation occurs; | 5 | | (8) the wishes of the child, taking into account the | 6 | | child's maturity and ability to express reasoned and | 7 | | independent preferences as to relocation; | 8 | | (9) possible arrangements for the exercise of parental | 9 | | responsibilities appropriate to the parents' resources and | 10 | | circumstances and the developmental level of the child; | 11 | | (10) minimization of the impairment to a parent-child | 12 | | relationship caused by a parent's relocation; and | 13 | | (11) any other relevant factors bearing on the child's | 14 | | best interests. | 15 | | (h) If a parent moves with the child 50 25 miles or less | 16 | | from the child's current primary residence to a new primary | 17 | | residence outside Illinois, Illinois continues to be the home | 18 | | state of the child under subsection (c) of Section 202 of the | 19 | | Uniform Child-Custody Jurisdiction and Enforcement Act. Any | 20 | | subsequent move from the new primary residence outside Illinois | 21 | | greater than 50 25 miles from the child's original primary | 22 | | residence in Illinois must be in compliance with the provisions | 23 | | of this Section.
| 24 | | (Source: P.A. 99-90, eff. 1-1-16 .)
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