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90_HB2394
750 ILCS 5/609 from Ch. 40, par. 609
Amends provisions of the Illinois Marriage and
Dissolution of Marriage Act concerning leave to remove
children from Illinois. Replaces existing provisions
concerning the burden of proof in actions for leave to remove
children from Illinois. Provides that "if the party having
custody of the child or children seeks to remove them from
Illinois within a 250 mile geographical radius of their
residence at the time of the last custody judgment, there
shall be a rebuttable presumption that such removal is in the
best interests of the minor child or children." Also provides
that "the burden of proving that it is in the best interests
of the child or children to remove them from Illinois
outside of a 250 mile geographical radius of their residence
at the time of the last custody judgment is on the party
seeking removal." Makes other changes in provisions
concerning leave to remove children from Illinois.
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LRB9007170YYmgA
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 609.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 609 as follows:
7 (750 ILCS 5/609) (from Ch. 40, par. 609)
8 Sec. 609. Leave to Remove Children.
9 (a) The court may grant leave, before or after judgment,
10 to any party having custody of any minor child or children to
11 remove such child or children from Illinois whenever such
12 removal approval is in the best interests of such child or
13 children. If the party having custody of the child or
14 children seeks to remove them from Illinois within a 250 mile
15 geographical radius of their residence at the time of the
16 last custody judgment, there shall be a rebuttable
17 presumption that such removal is in the best interests of the
18 minor child or children. The burden of proving that it such
19 removal is in the best interests of the such child or
20 children to remove them from Illinois outside of a 250 mile
21 geographical radius of their residence at the time of the
22 last custody judgment is on the party seeking the removal.
23 When such removal is permitted, the court may require the
24 party removing such child or children from Illinois to give
25 reasonable security guaranteeing their the return of such
26 children.
27 (b) Before a minor child is temporarily removed from
28 Illinois, the parent responsible for the removal shall inform
29 the other parent, or the other parent's attorney, of the
30 address and telephone number where the child may be reached
31 during the period of temporary removal, and the date on which
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1 the child shall return to Illinois.
2 The State of Illinois retains jurisdiction when the minor
3 child is temporarily absent from the State pursuant to this
4 subsection.
5 (Source: P.A. 85-768.)