98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2630
 
Introduced 12/3/2013, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 

 



750 ILCS 5/609  from Ch. 40, par. 609

     Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that notwithstanding any other provision of law, a party to a custody action who is residing in the United States under an H-4 or L-2 visa shall be allowed to permanently return to his or her country of origin with the minor child or children and commence child custody proceedings in his or her country of origin.
  


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

2    (c) The court may not use the availability of electronic 
3communication as a factor in support of a removal of a child by 
4the custodial parent from Illinois.
5    (d) Notwithstanding any other provision of law, a party to 
6a custody action who is residing in the United States under an 
7H-4 or L-2 visa shall be allowed to permanently return to his 
8or her country of origin with the minor child or children and 
9commence child custody proceedings in his or her country of 
10origin.
11(Source: P.A. 96-331, eff. 1-1-10.)