(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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(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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(750 ILCS 36/310)
Sec. 310.
Hearing And Order.
(a) Unless the court issues a temporary emergency order pursuant to
Section 204, upon a finding that a petitioner is entitled to immediate physical
custody of the child, the court shall order that the petitioner may take
immediate
physical custody of the child unless the respondent establishes that:
(1) the child-custody determination has not been |
| 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 of a state having jurisdiction to do so under Article 2; or
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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 305 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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(b) The court shall award the fees, costs, and expenses authorized under
Section 312 and may grant additional relief, including a request for the
assistance
of law enforcement officials, and set a further hearing to determine whether
additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the
testimony may be self-incriminating, the court may draw an adverse inference
from
the refusal.
(d) A privilege against disclosure of communications between spouses and
a defense of immunity based on the relationship of husband and wife or parent
and child may not be invoked in a proceeding under this Article.
(Source: P.A. 93-108, eff. 1-1-04.)
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(750 ILCS 36/311)
Sec. 311.
Warrant To Take Physical Custody Of Child.
(a) Upon the filing of a petition seeking enforcement of a child-custody
determination, the petitioner may file a verified application for the issuance
of a
warrant to take physical custody of the child if the child is immediately
likely to
suffer serious physical harm or be removed from this State.
(b) If the court, upon the testimony of the petitioner or other witness,
finds
that the child is imminently likely to suffer serious physical harm or be
removed
from this State, it may issue a warrant to take physical custody of the child.
The
petition must be heard on the next judicial day after the warrant is executed
unless
that date is impossible. In that event, the court shall hold the hearing on
the first
judicial day possible. The application for the warrant must include the
statements
required by Section 308(b).
(c) A warrant to take physical custody of a child must:
(1) recite the facts upon which a conclusion of |
| imminent serious physical harm or removal from the jurisdiction is based;
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(2) direct law enforcement officers to take physical
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| custody of the child immediately; and
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(3) provide for the placement of the child pending
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(d) The respondent must be served with the petition, warrant, and order
immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout
this State. If the court finds on the basis of the testimony of the petitioner
or other
witness that a less intrusive remedy is not effective, it may authorize law
enforcement officers to enter private property to take physical custody of the
child.
If required by exigent circumstances of the case, the court may authorize law
enforcement officers to make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to ensure
the appearance of the child and the child's custodian.
(Source: P.A. 93-108, eff. 1-1-04.)
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(750 ILCS 36/312)
Sec. 312.
Costs, Fees, And Expenses.
(a) The court shall award the prevailing party, including a state, necessary
and reasonable expenses incurred by or on behalf of the party, including costs,
communication expenses, attorney's fees, investigative fees, expenses for
witnesses, travel expenses, and child care during the course of the
proceedings,
unless the party from whom fees or expenses are sought establishes that the
award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a state unless
authorized by law other than this Act.
(Source: P.A. 93-108, eff. 1-1-04.)
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(750 ILCS 36/315)
Sec. 315.
Role Of State's Attorney.
(a) In a case arising under this Act or involving the Hague Convention on
the Civil Aspects of International Child Abduction, the State's Attorney or
other appropriate public official may take any lawful action, including resort
to a
proceeding under this Article or any other available civil proceeding to
locate a
child, obtain the return of a child, or enforce a child-custody determination
if there is:
(1) an existing child-custody determination;
(2) a request to do so from a court in a pending |
| child-custody proceeding;
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(3) a reasonable belief that a criminal statute has
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(4) a reasonable belief that the child has been
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| wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
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(b) A State's Attorney or appropriate public official acting under this
Section acts on behalf of the court and may not represent any party.
(Source: P.A. 93-108, eff. 1-1-04.)
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