Full Text of HB2682 96th General Assembly
HB2682 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2682
Introduced 2/24/2009, by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
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750 ILCS 5/609 |
from Ch. 40, par. 609 |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that
the court may grant leave, before or after judgment, to any party having
custody of any minor child to remove the child to a new
residence within the State which is located outside a 100 mile
geographical radius of the residence of the child at the time of
the initial custody judgment or the last custody order, if removal is in the best interests of the
child. The burden of proving that removal is in the best interests
of the child is on the party seeking removal.
Effective immediately.
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A BILL FOR
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HB2682 |
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LRB096 04730 AJO 14793 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Marriage and Dissolution of | 5 |
| Marriage Act is amended
by changing Section 609 as follows:
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| (750 ILCS 5/609) (from Ch. 40, par. 609)
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| Sec. 609. Relocation of children more than 100 miles inside | 8 |
| or outside
Illinois.
Leave to Remove Children.)
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| (a) The court may grant leave, before
or after judgment, to | 10 |
| any party having custody of any minor child or
children , or to | 11 |
| the primary residential parent in the case of joint
custody,
to | 12 |
| relocate
remove such child or children
more than 100 miles from | 13 |
| the child or children's residence at the time of the
last | 14 |
| custody
order or at the time of the entry of judgment, whether | 15 |
| inside or outside the
State of
from Illinois , whenever such | 16 |
| relocation
approval is
in the best interests of such child or | 17 |
| children. The burden of proving that
such removal is in the | 18 |
| best interests of such child or children is on the
party | 19 |
| seeking the removal.
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| (b) When relocation of a child or children
such removal is
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| permitted under this Section , the court may
require the party | 22 |
| relocating the
removing such child or children from
Illinois
to | 23 |
| give reasonable security guaranteeing the return of the child |
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HB2682 |
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LRB096 04730 AJO 14793 b |
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| or
such children.
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| (c) In determining whether to grant or deny a petition for | 3 |
| relocating a
child or children, the trial court shall consider | 4 |
| the following factors:
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| (1) The distance of the move.
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| (2) The motive of the party seeking to relocate the | 7 |
| child or children.
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| (3) The motive of the parent opposing the relocation of | 9 |
| the child or
children.
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| (4) The visitation rights of the non-custodial parent | 11 |
| and that parent's
exercise of those rights.
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| (5) Whether a reasonable and realistic visitation | 13 |
| schedule can be reached
if the relocation of the child or | 14 |
| children is allowed.
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| (6) The cost and time involved regarding visitation.
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| (7) Whether the relocation of the child or children | 17 |
| will enhance the
general quality of life for both the | 18 |
| custodial party and the child or
children.
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| (8) Whether the proposed or planned relocation of the | 20 |
| child or children is
within 2 years after the entry of the | 21 |
| judgment for dissolution of marriage.
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| (9) Any intent specifically stated by the parties in | 23 |
| any joint parenting
agreement, marital settlement | 24 |
| agreement, or other written agreement.
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| (10) Other appropriate factors consistent with the | 26 |
| child or children's
best interest.
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LRB096 04730 AJO 14793 b |
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| (d) The burden of proving that the relocation is in the | 2 |
| best interest of the
child or children is on the party seeking | 3 |
| the relocation.
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| (e) If the court allows a party seeking relocation of a | 5 |
| child or children to
move before any final judgment is entered | 6 |
| regarding that relocation, the
relocation shall not be | 7 |
| considered by the trial court as a factor in reaching
its final | 8 |
| decision.
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| (f) A petition for relocation of a child or children shall | 10 |
| be heard on an
expedited basis. The trial court shall make | 11 |
| express findings of fact to
support its ruling if the | 12 |
| non-custodial parent opposes the relocation.
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| (g) Notwithstanding the provisions of subsections (a) | 14 |
| through (f), a party
having custody of a child or children, or | 15 |
| the primary residential parent in the
case of joint custody, | 16 |
| shall give written notice to the other party not less
than 30 | 17 |
| days before changing the residence of a child to a place inside | 18 |
| or
outside the State of Illinois if the relocation will be more | 19 |
| than 100 miles
from the child's residence at the time of the | 20 |
| entry of the last
custody or visitation order. The notice shall | 21 |
| be given in accordance with
Illinois Supreme Court Rule 11, by | 22 |
| certified mail or by personal service and a
copy of the notice | 23 |
| with proof of service shall be filed with the court. The
notice | 24 |
| shall include at least the following:
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| (1) The proposed new residence address, unless | 26 |
| protected by an order
entered under the Illinois Domestic |
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| Violence Act of 1986.
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| (2) The date of the proposed relocation.
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| (3) Whether the visitation should be changed and, if | 4 |
| so, a proposed
visitation schedule.
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| (4) The fact that if no objection is made within 21 | 6 |
| days after service of
the written notice the proposed | 7 |
| relocation will be allowed subject only to
court approval.
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| If no objection is made within 21 days after service of the | 9 |
| written notice,
the party seeking to relocate the child or | 10 |
| children shall be allowed to
relocate the child or children | 11 |
| subject to court approval.
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| If a parent objects to the relocation of the child or | 13 |
| children, he or she
shall notify the party proposing the | 14 |
| relocation in writing within 21 days after
service of the | 15 |
| written notice of proposed relocation and shall file a copy of
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| the written objection with the court.
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| If an objection to the relocation of the child or children | 18 |
| is made, the party
seeking to relocate the child or children | 19 |
| shall file a petition seeking leave
to relocate the child or | 20 |
| children in accordance with subsections (a) through
(f).
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| Nothing contained in this subsection precludes a party | 22 |
| seeking to relocate a
child or children from filing a petition | 23 |
| with a court of competent jurisdiction
without following the | 24 |
| procedure set forth in this subsection (g).
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| (h) As used in this Section, "relocation" means a change of | 26 |
| residence for a
period of 60 days or more.
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| (i) Nothing in this Section shall be construed to supersede | 2 |
| the provisions
of Sections 602, 602.1, 604.5, and 611 as they | 3 |
| apply to the relocation of a child.
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| (b) Before a minor child is temporarily removed from | 5 |
| Illinois, the
parent responsible for the removal shall inform | 6 |
| the other parent, or the
other parent's attorney, of the | 7 |
| address and telephone number where the
child may be reached | 8 |
| during the period of temporary removal, and the date
on which | 9 |
| the child shall return to Illinois.
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| (j) The State of Illinois retains jurisdiction when the | 11 |
| minor child is
absent from the State pursuant to this Section
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| subsection .
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| (Source: P.A. 85-768.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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