(750 ILCS 36/308)
Sec. 308.
Expedited Enforcement Of Child-Custody
Determination.
(a) A petition under this Article must be verified. Certified copies of all
orders sought to be enforced and of any order confirming registration must be
attached to the petition. A copy of a certified copy of an order may be
attached instead of the original.
(b) A petition for enforcement of a child-custody determination must state:
(1) whether the court that issued the determination |
| identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;
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(2) whether the determination for which enforcement
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| is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this Act and, if so, identify the court, the case number, and the nature of the proceeding;
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(3) whether any proceeding has been commenced that
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| could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;
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(4) the present physical address of the child and the
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(5) whether relief in addition to the immediate
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| physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and
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(6) if the child-custody determination has been
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| registered and confirmed under Section 305, the date and place of registration.
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(c) Upon the filing of a petition, the court shall issue an order directing
the
respondent to appear in person with or without the child at a hearing and may
enter
any order necessary to ensure the safety of the parties and the child. The
hearing
must be held on the next judicial day after service of the order unless that
date is
impossible. In that event, the court shall hold the hearing on the first
judicial day
possible. The court may extend the date of hearing at the request of the
petitioner.
(d) An order issued under subsection (c) must state the time and place of
the hearing and advise the respondent that at the hearing the court will order
that
the petitioner may take immediate physical custody of the child and the payment
of
fees, costs, and expenses under Section 312, and may schedule a hearing to
determine whether further relief is appropriate, unless the respondent appears
and
establishes that:
(1) the child-custody determination has not been
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| registered and confirmed under Section 305 and that:
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(A) the issuing court did not have jurisdiction
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(B) the child-custody determination for which
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| enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2;
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(C) the respondent was entitled to notice, but
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| notice was not given in accordance with the standards of Section 108, in the proceedings before the court that issued the order for which enforcement is sought; or
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(2) the child-custody determination for which
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| enforcement is sought was registered and confirmed under Section 304, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
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(Source: P.A. 93-108, eff. 1-1-04.)
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