(750 ILCS 36/305)
Sec. 305.
Registration Of Child-Custody
Determination.
(a) A child-custody determination issued by a court of another state may be
registered in this State, with or without a simultaneous request for
enforcement, by
sending to the circuit court in this State:
(1) a letter or other document requesting |
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(2) two copies, including one certified copy, of the
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| determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
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(3) except as otherwise provided in Section 209, the
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| name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child-custody determination sought to be registered.
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(b) On receipt of the documents required by subsection (a), the registering
court shall:
(1) cause the determination to be filed as a foreign
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| judgment, together with one copy of any accompanying documents and information, regardless of their form; and
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(2) serve notice upon the persons named pursuant to
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| subsection (a)(3) and provide them with an opportunity to contest the registration in accordance with this Section.
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(c) The notice required by subsection (b)(2) must state that:
(1) a registered determination is enforceable as of
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| the date of the registration in the same manner as a determination issued by a court of this State;
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(2) a hearing to contest the validity of the
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| registered determination must be requested within 20 days after service of notice; and
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(3) failure to contest the registration will result
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| in confirmation of the child-custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
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(d) A person seeking to contest the validity of a registered order must
request a hearing within 20 days after service of the notice. At that hearing,
the
court shall confirm the registered order unless the person contesting
registration
establishes that:
(1) the issuing court did not have jurisdiction under
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(2) the child-custody determination sought to be
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| registered has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2; or
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(3) the person contesting registration was entitled
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| to notice, but notice was not given in accordance with the standards of Section 108, in the proceedings before the court that issued the order for which registration is sought.
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(e) If a timely request for a hearing to contest the validity of the
registration
is not made, the registration is confirmed as a matter of law and the person
requesting registration and all persons served must be notified of the
confirmation.
(f) Confirmation of a registered order, whether by operation of law or after
notice and hearing, precludes further contest of the order with respect to any
matter that could have been asserted at the time of registration.
(Source: P.A. 93-108, eff. 1-1-04.)
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