97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2102
 
Introduced 2/22/2011, by Rep. Chapin Rose
 
SYNOPSIS AS INTRODUCED:
 

 
  
750 ILCS 5/609  from Ch. 40, par. 609

     Amends the Illinois Marriage and Dissolution of Marriage Act.  Provides that when a court has before it a petition for the removal of a child to a location outside of Illinois, the court shall consider the economic cost to the noncustodial parent to visit the child at or to move to the proposed new location outside of Illinois.
  


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A BILL FOR
 

  
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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 Illinois Marriage and Dissolution of 
5Marriage Act is amended  by changing Section 609 as follows:
 



6    (750 ILCS 5/609)  (from Ch. 40, par. 609)



7    Sec. 609. Leave to Remove Children.)
8    (a) The court may grant leave, before
or after judgment, to 
9any party having custody of any minor child or children
to 
10remove such child or children from Illinois whenever such 
11approval is
in the best interests of such child or children. 
12The court shall consider in making this determination the 
13economic cost to the noncustodial parent to visit the child at 
14the proposed new location or the economic cost to the 
15noncustodial parent of also moving to the proposed new location 
16outside of Illinois. The burden of proving that
such removal is 
17in the best interests of such child or children is on the
party 
18seeking the removal. When such removal is permitted, the court 
19may
require the party removing such child or children from 
20Illinois
to give reasonable security guaranteeing the return of 
21such children.

22    (b) Before a minor child is temporarily removed from 
23Illinois, the
parent responsible for the removal shall inform 
 
 
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1the other parent, or the
other parent's attorney, of the 
2address and telephone number where the
child may be reached 
3during the period of temporary removal, and the date
on which 
4the child shall return to Illinois.

5    The State of Illinois retains jurisdiction when the minor 
6child is
absent from the State pursuant to this subsection.

7    (c) The court may not use the availability of electronic 
8communication as a factor in support of a removal of a child by 
9the custodial parent from Illinois.
10(Source: P.A. 96-331, eff. 1-1-10.)