97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5647
 
Introduced 2/15/2012, by Rep. Michael P. McAuliffe
 
SYNOPSIS AS INTRODUCED:
 

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

     Amends the Illinois Marriage and Dissolution of Marriage Act.  Provides that   if a parent removes a child from the State, without leave  of court, or fails to  inform, or knowingly provides false or misleading information to, the other parent about the address and telephone number where the child may be reached during a period of temporary removal from Illinois, the court shall enter an order that terminates the terms of that parent's visitation with the child or terminates the parent's custody of the child.
  


LRB097 18730 AJO 63965 b

 
 
A BILL FOR
 

  
HB5647LRB097 18730 AJO 63965 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 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 burden of proving that
such removal is in the best 
13interests of such child or children is on the
party seeking the 
14removal. When such removal is permitted, the court may
require 
15the party removing such child or children from Illinois
to give 
16reasonable security guaranteeing the return of such children.

17    (b) Before a minor child is temporarily removed from 
18Illinois, the
parent responsible for the removal shall inform 
19the other parent, or the
other parent's attorney, of the 
20address and telephone number where the
child may be reached 
21during the period of temporary removal, and the date
on which 
22the child shall return to Illinois.

23    The State of Illinois retains jurisdiction when the minor 
 
 
HB5647- 2 -LRB097 18730 AJO 63965 b

1child is
absent from the State pursuant to this subsection.

2    (b-5)  If a parent removes a child from Illinois without 
3leave  of court as required in subsection (a) or fails to  
4inform, or knowingly provides false or misleading information 
5to, the other parent as required in subsection (b), the court 
6shall enter an order that  terminates the terms of the parent's 
7visitation with the child or terminates the parent's custody of 
8the child. 
9    (c) The court may not use the availability of electronic 
10communication as a factor in support of a removal of a child by 
11the custodial parent from Illinois.
12(Source: P.A. 96-331, eff. 1-1-10.)