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90_HB2491ham001
LRB9008578SMdvam02
1 AMENDMENT TO HOUSE BILL 2491
2 AMENDMENT NO. . Amend House Bill 2491 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Marriage and Dissolution of
5 Marriage Act by changing Section 609."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Marriage and Dissolution of
9 Marriage Act is amended by changing Section 609 as follows:
10 (750 ILCS 5/609) (from Ch. 40, par. 609)
11 Sec. 609. Relocation of children more than 100 miles
12 inside or outside Illinois. Leave to Remove Children.)
13 (a) The court may grant leave, before or after judgment,
14 to any party having custody of any minor child or children,
15 or to the primary residential parent in the case of joint
16 custody, to relocate remove such child or children more than
17 100 miles from the child or children's residence at the time
18 of the last custody order or at the time of the entry of
19 judgment, whether inside or outside the State of from
20 Illinois, whenever such relocation approval is in the best
21 interests of such child or children. The burden of proving
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1 that such removal is in the best interests of such child or
2 children is on the party seeking the removal.
3 (b) When relocation of a child or children such removal
4 is permitted under this Section, the court may require the
5 party relocating the removing such child or children from
6 Illinois to give reasonable security guaranteeing the return
7 of the child or such children.
8 (c) In determining whether to grant or deny a petition
9 for relocating a child or children, the trial court shall
10 consider the following factors:
11 (1) The distance of the move.
12 (2) The motive of the party seeking to relocate the
13 child or children.
14 (3) The motive of the parent opposing the
15 relocation of the child or children.
16 (4) The visitation rights of the non-custodial
17 parent and that parent's exercise of those rights.
18 (5) Whether a reasonable and realistic visitation
19 schedule can be reached if the relocation of the child or
20 children is allowed.
21 (6) The cost and time involved regarding
22 visitation.
23 (7) Whether the relocation of the child or children
24 will enhance the general quality of life for both the
25 custodial party and the child or children.
26 (8) Whether the proposed or planned relocation of
27 the child or children is within 2 years after the entry
28 of the judgment for dissolution of marriage.
29 (9) Any intent specifically stated by the parties
30 in any joint parenting agreement, marital settlement
31 agreement, or other written agreement.
32 (10) Other appropriate factors consistent with the
33 child or children's best interest.
34 (d) The burden of proving that the relocation is in the
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1 best interest of the child or children is on the party
2 seeking the relocation.
3 (e) If the court allows a party seeking relocation of a
4 child or children to move before any final judgment is
5 entered regarding that relocation, the relocation shall not
6 be considered by the trial court as a factor in reaching its
7 final decision.
8 (f) A petition for relocation of a child or children
9 shall be heard on an expedited basis. The trial court shall
10 make express findings of fact to support its ruling if the
11 non-custodial parent opposes the relocation.
12 (g) Notwithstanding the provisions of subsections (a)
13 through (f), a party having custody of a child or children,
14 or the primary residential parent in the case of joint
15 custody, shall give written notice to the other party not
16 less than 30 days before changing the residence of a child to
17 a place inside or outside the State of Illinois if the
18 relocation will be more than 100 miles from the child's
19 residence at the time of the entry of the last custody or
20 visitation order. The notice shall be given in accordance
21 with Illinois Supreme Court Rule 11, by certified mail or by
22 personal service and a copy of the notice with proof of
23 service shall be filed with the court. The notice shall
24 include at least the following:
25 (1) The proposed new residence address, unless
26 protected by an order entered under the Illinois Domestic
27 Violence Act of 1986.
28 (2) The date of the proposed relocation.
29 (3) Whether the visitation should be changed and,
30 if so, a proposed visitation schedule.
31 (4) The fact that if no objection is made within 21
32 days after service of the written notice the proposed
33 relocation will be allowed subject only to court
34 approval.
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1 If no objection is made within 21 days after service of
2 the written notice, the party seeking to relocate the child
3 or children shall be allowed to relocate the child or
4 children subject to court approval.
5 If a parent objects to the relocation of the child or
6 children, he or she shall notify the party proposing the
7 relocation in writing within 21 days after service of the
8 written notice of proposed relocation and shall file a copy
9 of the written objection with the court.
10 If an objection to the relocation of the child or
11 children is made, the party seeking to relocate the child or
12 children shall file a petition seeking leave to relocate the
13 child or children in accordance with subsections (a) through
14 (f).
15 Nothing contained in this subsection precludes a party
16 seeking to relocate a child or children from filing a
17 petition with a court of competent jurisdiction without
18 following the procedure set forth in this subsection (g).
19 (h) As used in this Section, "relocation" means a change
20 of residence for a period of 60 days or more.
21 (i) Nothing in this Section shall be construed to
22 supersede the provisions of Sections 602, 602.1, and 611 as
23 they apply to the relocation of a child.
24 (b) Before a minor child is temporarily removed from
25 Illinois, the parent responsible for the removal shall inform
26 the other parent, or the other parent's attorney, of the
27 address and telephone number where the child may be reached
28 during the period of temporary removal, and the date on which
29 the child shall return to Illinois.
30 (j) The State of Illinois retains jurisdiction when the
31 minor child is absent from the State pursuant to this Section
32 subsection.
33 (Source: P.A. 85-768.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".