Bill Text: IL HB1004 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. In the Section concerning temporary relief, provides that a party in proceedings under the Act may move for a temporary restraining order or preliminary injunction to: (1) require a party to surrender to the court or the petitioner's attorney any United States or foreign passport issued in the name of a child; (2) require a party to place the name of a child in the Children's Passport Issuance Alert Program of the United States Department of State; or (3) enjoin a party from applying on behalf of a child for a new or replacement passport or visa. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1004 Detail]

Download: Illinois-2013-HB1004-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB1004 Introduced , by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED:
750 ILCS 5/501 from Ch. 40, par. 501
Amends the Illinois Marriage and Dissolution of Marriage Act. In the Section concerning temporary relief, provides that a party in proceedings under the Act may move for a temporary restraining order or preliminary injunction to: (1) require a party to surrender to the court or the petitioner's attorney any United States or foreign passport issued in the name of a child; (2) require a party to place the name of a child in the Children's Passport Issuance Alert Program of the United States Department of State; or (3) enjoin a party from applying on behalf of a child for a new or replacement passport or visa. Effective immediately.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 501 as follows:
(750 ILCS 5/501) (from Ch. 40, par. 501)
Sec. 501. Temporary Relief.) In all proceedings under this
Act, temporary relief shall be as follows:
(a) Either party may move for:
(1) temporary maintenance or temporary support of a
child of the marriage entitled to support, accompanied by
an affidavit as to the factual basis for the relief
requested;
(2) a temporary restraining order or preliminary
injunction, accompanied by affidavit showing a factual
basis for any of the following relief:
(i) restraining any person from transferring,
encumbering, concealing or otherwise disposing of any
property except in the usual course of business or for
the necessities of life, and, if so restrained,
requiring him to notify the moving party and his
attorney of any proposed extraordinary expenditures
made after the order is issued;

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(ii) enjoining a party from removing a child from
the jurisdiction of the court;
(iii) enjoining a party from striking or
interfering with the personal liberty of the other
party or of any child; or
(iv) requiring a party to surrender to the court or
the petitioner's attorney any United States or foreign
passport issued in the name of a child, including a
passport issued in the name of both the parent and the
child;
(v) requiring a party to place the name of a child
in the Children's Passport Issuance Alert Program of
the United States Department of State;
(vi) enjoining a party from applying on behalf of a
child for a new or replacement passport or visa; or
(vii) (iv) providing other injunctive relief
proper in the circumstances; or
(3) other appropriate temporary relief.
(b) The court may issue a temporary restraining order
without requiring notice to the other party only if it finds,
on the basis of the moving affidavit or other evidence, that
irreparable injury will result to the moving party if no order
is issued until the time for responding has elapsed.
(c) A response hereunder may be filed within 21 days after
service of notice of motion or at the time specified in the
temporary restraining order.

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(c-1) As used in this subsection (c-1), "interim attorney's
fees and costs" means attorney's fees and costs assessed from
time to time while a case is pending, in favor of the
petitioning party's current counsel, for reasonable fees and
costs either already incurred or to be incurred, and "interim
award" means an award of interim attorney's fees and costs.
Interim awards shall be governed by the following:
(1) Except for good cause shown, a proceeding for (or
relating to) interim attorney's fees and costs in a
pre-judgment dissolution proceeding shall be
nonevidentiary and summary in nature. All hearings for or
relating to interim attorney's fees and costs under this
subsection shall be scheduled expeditiously by the court.
When a party files a petition for interim attorney's fees
and costs supported by one or more affidavits that
delineate relevant factors, the court (or a hearing
officer) shall assess an interim award after affording the
opposing party a reasonable opportunity to file a
responsive pleading. A responsive pleading shall set out
the amount of each retainer or other payment or payments,
or both, previously paid to the responding party's counsel
by or on behalf of the responding party. In assessing an
interim award, the court shall consider all relevant
factors, as presented, that appear reasonable and
necessary, including to the extent applicable:
(A) the income and property of each party,

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including alleged marital property within the sole
control of one party and alleged non-marital property
within access to a party;
(B) the needs of each party;
(C) the realistic earning capacity of each party;
(D) any impairment to present earning capacity of
either party, including age and physical and emotional
health;
(E) the standard of living established during the
marriage;
(F) the degree of complexity of the issues,
including custody, valuation or division (or both) of
closely held businesses, and tax planning, as well as
reasonable needs for expert investigations or expert
witnesses, or both;
(G) each party's access to relevant information;
(H) the amount of the payment or payments made or
reasonably expected to be made to the attorney for the
other party; and
(I) any other factor that the court expressly finds
to be just and equitable.
(2) Any assessment of an interim award (including one
pursuant to an agreed order) shall be without prejudice to
any final allocation and without prejudice as to any claim
or right of either party or any counsel of record at the
time of the award. Any such claim or right may be presented

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by the appropriate party or counsel at a hearing on
contribution under subsection (j) of Section 503 or a
hearing on counsel's fees under subsection (c) of Section
508. Unless otherwise ordered by the court at the final
hearing between the parties or in a hearing under
subsection (j) of Section 503 or subsection (c) of Section
508, interim awards, as well as the aggregate of all other
payments by each party to counsel and related payments to
third parties, shall be deemed to have been advances from
the parties' marital estate. Any portion of any interim
award constituting an overpayment shall be remitted back to
the appropriate party or parties, or, alternatively, to
successor counsel, as the court determines and directs,
after notice.
(3) In any proceeding under this subsection (c-1), the
court (or hearing officer) shall assess an interim award
against an opposing party in an amount necessary to enable
the petitioning party to participate adequately in the
litigation, upon findings that the party from whom
attorney's fees and costs are sought has the financial
ability to pay reasonable amounts and that the party
seeking attorney's fees and costs lacks sufficient access
to assets or income to pay reasonable amounts. In
determining an award, the court shall consider whether
adequate participation in the litigation requires
expenditure of more fees and costs for a party that is not

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in control of assets or relevant information. Except for
good cause shown, an interim award shall not be less than
payments made or reasonably expected to be made to the
counsel for the other party. If the court finds that both
parties lack financial ability or access to assets or
income for reasonable attorney's fees and costs, the court
(or hearing officer) shall enter an order that allocates
available funds for each party's counsel, including
retainers or interim payments, or both, previously paid, in
a manner that achieves substantial parity between the
parties.
(4) The changes to this Section 501 made by this
amendatory Act of 1996 apply to cases pending on or after
June 1, 1997, except as otherwise provided in Section 508.
(d) A temporary order entered under this Section:
(1) does not prejudice the rights of the parties or the
child which are to be adjudicated at subsequent hearings in
the proceeding;
(2) may be revoked or modified before final judgment,
on a showing by affidavit and upon hearing; and
(3) terminates when the final judgment is entered or
when the petition for dissolution of marriage or legal
separation or declaration of invalidity of marriage is
dismissed.
(Source: P.A. 96-583, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon

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becoming law.