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| [ Introduced ] | [ Engrossed ] | [ House Amendment 004 ] |
91_SB1636ham003
LRB9113594WHdvam03
1 AMENDMENT TO SENATE BILL 1636
2 AMENDMENT NO. . Amend Senate Bill 1636 on page 2,
3 line 18 by inserting after "provisions" the following:
4 ", or if such provisions are explicitly reserved"; and
5 by replacing lines 27 through 34 on page 2 and line 1 on page
6 3 with the following:
7 "(3) In any case in which a visitation order has
8 been entered that includes a specific visitation schedule
9 for the non-custodial parent, the parent having custody
10 of a child, or the primary residential parent in cases of
11 joint custody, shall give written notice to the other
12 parent not less than 90 days prior to changing the
13 residence of the child to a place outside of the State of
14 Illinois. Such notice shall be made in accordance with
15 Illinois Supreme Court Rule 11, and a copy of the notice
16 shall be filed with the court.
17 (A) Such notice shall at a minimum include the
18 following:
19 (i) The proposed new residence address,
20 except if protected by an Order under the
21 Illinois Domestic Violence Act of 1986.
22 (ii) The date of the proposed relocation.
23 (iii) Whether the visitation should be
-2- LRB9113594WHdvam03
1 changed, and, if so, a proposed visitation
2 schedule.
3 (B) If no objection is made within 21 days,
4 the party seeking to relocate shall be allowed to
5 relocate.
6 (C) If a party objects to the relocation, that
7 party shall notify the other party in writing within
8 21 days, and shall file a copy of the objection with
9 the court.
10 (D) If the objection is made, the party having
11 custody of the child may not remove the child from
12 the State of Illinois without first obtaining leave
13 of court to do so. The court may grant leave to the
14 party under the standards contained in Section 609
15 of the Illinois Marriage and Dissolution of Marriage
16 Act.
17 (E) Nothing contained in this paragraph shall
18 preclude a parent seeking to relocate a child from filing
19 a petition with a court of competent jurisdiction without
20 following the procedure set forth in this paragraph.
21 (F) In this paragraph, "relocation" means a
22 change of residence for a period of 60 days or more.".