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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1753 Introduced 2/9/2011, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED:
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| 750 ILCS 5/604 | from Ch. 40, par. 604 |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the professional personnel consulted by the court are subject to subpoena for the purposes of discovery, trial, or both. Provides that the court shall allocate the costs and fees of those professional personnel between the parties based upon the financial ability of each party and other appropriate criteria. Provides that upon the request of any party or upon the court's own motion, the court may conduct a hearing as to the reasonableness of those fees and costs.
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| | A BILL FOR |
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| | SB1753 | | LRB097 00137 AJO 47183 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Marriage and Dissolution of |
| 5 | | Marriage Act is amended by changing Section 604 as follows:
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| 6 | | (750 ILCS 5/604) (from Ch. 40, par. 604)
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| 7 | | Sec. 604.
Interviews.) (a) The court may interview the |
| 8 | | child in chambers
to ascertain the child's wishes as to his |
| 9 | | custodian and as to visitation.
Counsel shall be present at the |
| 10 | | interview unless otherwise agreed upon by
the parties. The |
| 11 | | court shall cause a court reporter to be present who shall
make |
| 12 | | a complete record of the interview instantaneously to be part |
| 13 | | of the
record in the case.
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| 14 | | (b) The court may seek the advice of professional |
| 15 | | personnel, whether or
not employed by the court on a regular |
| 16 | | basis. The advice given shall be
in writing and made available |
| 17 | | by the court to counsel. Counsel may examine,
as a witness, any |
| 18 | | professional personnel consulted by the court, designated
as a |
| 19 | | court's witness. Professional personnel consulted by the court |
| 20 | | are subject to subpoena for the purposes of discovery, trial, |
| 21 | | or both. The court shall allocate the costs and fees of those |
| 22 | | professional personnel between the parties based upon the |
| 23 | | financial ability of each party and any other criteria the |