SB0399 EngrossedLRB101 04160 LNS 49168 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Uniform Child-Custody Jurisdiction and
5Enforcement Act is amended by changing Section 209 as follows:
 
6    (750 ILCS 36/209)
7    Sec. 209. Information To Be Submitted To Court.
8    (a) Subject to any other law providing for the
9confidentiality of procedures, addresses, and other
10identifying information, in a child-custody proceeding, each
11party, in its first pleading or in an attached affidavit, shall
12give information, if reasonably ascertainable, under oath as to
13the child's present address or whereabouts, the places where
14the child has lived during the last five years, and the names
15and present addresses of the persons with whom the child has
16lived during that period. The pleading or affidavit must state
17whether the party:
18        (1) has participated, as a party or witness or in any
19    other capacity, in any other proceeding concerning the
20    custody of or visitation with the child and, if so,
21    identify the court, the case number, and the date of the
22    child-custody determination, if any;
23        (2) knows of any proceeding that could affect the

 

 

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1    current proceeding, including proceedings for enforcement
2    and proceedings relating to domestic violence, protective
3    orders, termination of parental rights, and adoptions and,
4    if so, identify the court, the case number, and the nature
5    of the proceeding; and
6        (3) knows the names and addresses of any person not a
7    party to the proceeding who has physical custody of the
8    child or claims rights of legal custody or physical custody
9    of, or visitation with, the child and, if so, the names and
10    addresses of those persons.
11    (b) If the information required by subsection (a) is not
12furnished, the court, upon motion of a party or its own motion,
13may stay the proceeding until the information is furnished.
14    (c) If the declaration as to any of the items described in
15subsection (a)(1) through (3) is in the affirmative, the
16declarant shall give additional information under oath as
17required by the court. The court may examine the parties under
18oath as to details of the information furnished and other
19matters pertinent to the court's jurisdiction and the
20disposition of the case.
21    (d) Each party has a continuing duty to inform the court of
22any proceeding in this or any other state that could affect the
23current proceeding.
24    (e) (Blank).
25    (f) If a party states in the pleading or the affidavit that
26disclosure of an address would risk abuse or harm to the party

 

 

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1or a family member, the address may be omitted from documents
2filed with the court. A party is not required to include in the
3pleading or affidavit a domestic violence safe house address or
4an address changed as a result of a protective order.
5(Source: P.A. 93-108, eff. 1-1-04.)