Bill Text: IL HB2186 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Changes the definition of "relocation" to mean: a change of residence from the child's current primary residence to a new residence within this State (rather than located in a specific county within in this State) that is more than 50 miles (rather than 25 miles) from the child's current residence; or a change of residence from the child's current primary residence to a residence outside the borders of this State that is more than 50 miles (rather than 25 miles) from the current primary residence. Makes conforming changes.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-04-03 - Tabled [HB2186 Detail]

Download: Illinois-2019-HB2186-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2186 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED:
750 ILCS 5/600
750 ILCS 5/609.2
Amends the Illinois Marriage and Dissolution of Marriage Act. Changes the definition of "relocation" to mean: a change of residence from the child's current primary residence to a new residence within this State (rather than located in a specific county within in this State) that is more than 50 miles (rather than 25 miles) from the child's current residence; or a change of residence from the child's current primary residence to a residence outside the borders of this State that is more than 50 miles (rather than 25 miles) from the current primary residence. Makes conforming changes.
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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 Sections 600 and 609.2 as
follows:
(750 ILCS 5/600)
Sec. 600. Definitions. For purposes of this Part VI:
(a) "Abuse" has the meaning ascribed to that term in
Section 103 of the Illinois Domestic Violence Act of 1986.
(b) "Allocation judgment" means a judgment allocating
parental responsibilities.
(c) "Caretaking functions" means tasks that involve
interaction with a child or that direct, arrange, and supervise
the interaction with and care of a child provided by others, or
for obtaining the resources allowing for the provision of these
functions. The term includes, but is not limited to, the
following:
(1) satisfying a child's nutritional needs; managing a
child's bedtime and wake-up routines; caring for a child
when the child is sick or injured; being attentive to a
child's personal hygiene needs, including washing,
grooming, and dressing; playing with a child and ensuring

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the child attends scheduled extracurricular activities;
protecting a child's physical safety; and providing
transportation for a child;
(2) directing a child's various developmental needs,
including the acquisition of motor and language skills,
toilet training, self-confidence, and maturation;
(3) providing discipline, giving instruction in
manners, assigning and supervising chores, and performing
other tasks that attend to a child's needs for behavioral
control and self-restraint;
(4) ensuring the child attends school, including
remedial and special services appropriate to the child's
needs and interests, communicating with teachers and
counselors, and supervising homework;
(5) helping a child develop and maintain appropriate
interpersonal relationships with peers, siblings, and
other family members;
(6) ensuring the child attends medical appointments
and is available for medical follow-up and meeting the
medical needs of the child in the home;
(7) providing moral and ethical guidance for a child;
and
(8) arranging alternative care for a child by a family
member, babysitter, or other child care provider or
facility, including investigating such alternatives,
communicating with providers, and supervising such care.

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(d) "Parental responsibilities" means both parenting time
and significant decision-making responsibilities with respect
to a child.
(e) "Parenting time" means the time during which a parent
is responsible for exercising caretaking functions and
non-significant decision-making responsibilities with respect
to the child.
(f) "Parenting plan" means a written agreement that
allocates significant decision-making responsibilities,
parenting time, or both.
(g) "Relocation" means:
(1) a change of residence from the child's current
primary residence located in the county of Cook, DuPage,
Kane, Lake, McHenry, or Will to a new residence within this
State that is more than 50 25 miles from the child's
current residence, as measured by an Internet mapping
service;
(2) (blank); or a change of residence from the child's
current primary residence located in a county not listed in
paragraph (1) to a new residence within this State that is
more than 50 miles from the child's current primary
residence, as measured by an Internet mapping service; or
(3) a change of residence from the child's current
primary residence to a residence outside the borders of
this State that is more than 50 25 miles from the current
primary residence, as measured by an Internet mapping

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service.
(h) "Religious upbringing" means the choice of religion or
denomination of a religion, religious schooling, religious
training, or participation in religious customs or practices.
(i) "Restriction of parenting time" means any limitation or
condition placed on parenting time, including supervision.
(j) "Right of first refusal" has the meaning provided in
subsection (b) of Section 602.3 of this Act.
(k) "Significant decision-making" means deciding issues of
long-term importance in the life of a child.
(l) "Step-parent" means a person married to a child's
parent, including a person married to the child's parent
immediately prior to the parent's death.
(m) "Supervision" means the presence of a third party
during a parent's exercise of parenting time.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
(750 ILCS 5/609.2)
Sec. 609.2. Parent's relocation.
(a) A parent's relocation constitutes a substantial change
in circumstances for purposes of Section 610.5.
(b) A parent who has been allocated a majority of parenting
time or either parent who has been allocated equal parenting
time may seek to relocate with a child.
(c) A parent intending a relocation, as that term is
defined in paragraph (1), (2), or (3) of subsection (g) of

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Section 600 of this Act, must provide written notice of the
relocation to the other parent under the parenting plan or
allocation judgment. A copy of the notice required under this
Section shall be filed with the clerk of the circuit court. The
court may waive or seal some or all of the information required
in the notice if there is a history of domestic violence.
(d) The notice must provide at least 60 days' written
notice before the relocation unless such notice is
impracticable (in which case written notice shall be given at
the earliest date practicable) or unless otherwise ordered by
the court. At a minimum, the notice must set forth the
following:
(1) the intended date of the parent's relocation;
(2) the address of the parent's intended new residence,
if known; and
(3) the length of time the relocation will last, if the
relocation is not for an indefinite or permanent period.
The court may consider a parent's failure to comply with
the notice requirements of this Section without good cause (i)
as a factor in determining whether the parent's relocation is
in good faith; and (ii) as a basis for awarding reasonable
attorney's fees and costs resulting from the parent's failure
to comply with these provisions.
(e) If the non-relocating parent signs the notice that was
provided pursuant to subsection (c) and the relocating parent
files the notice with the court, relocation shall be allowed

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without any further court action. The court shall modify the
parenting plan or allocation judgment to accommodate a parent's
relocation as agreed by the parents, as long as the agreed
modification is in the child's best interests.
(f) If the non-relocating parent objects to the relocation,
fails to sign the notice provided under subsection (c), or the
parents cannot agree on modification of the parenting plan or
allocation judgment, the parent seeking relocation must file a
petition seeking permission to relocate.
(g) The court shall modify the parenting plan or allocation
judgment in accordance with the child's best interests. The
court shall consider the following factors:
(1) the circumstances and reasons for the intended
relocation;
(2) the reasons, if any, why a parent is objecting to
the intended relocation;
(3) the history and quality of each parent's
relationship with the child and specifically whether a
parent has substantially failed or refused to exercise the
parental responsibilities allocated to him or her under the
parenting plan or allocation judgment;
(4) the educational opportunities for the child at the
existing location and at the proposed new location;
(5) the presence or absence of extended family at the
existing location and at the proposed new location;
(6) the anticipated impact of the relocation on the

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child;
(7) whether the court will be able to fashion a
reasonable allocation of parental responsibilities between
all parents if the relocation occurs;
(8) the wishes of the child, taking into account the
child's maturity and ability to express reasoned and
independent preferences as to relocation;
(9) possible arrangements for the exercise of parental
responsibilities appropriate to the parents' resources and
circumstances and the developmental level of the child;
(10) minimization of the impairment to a parent-child
relationship caused by a parent's relocation; and
(11) any other relevant factors bearing on the child's
best interests.
(h) If a parent moves with the child 50 25 miles or less
from the child's current primary residence to a new primary
residence outside Illinois, Illinois continues to be the home
state of the child under subsection (c) of Section 202 of the
Uniform Child-Custody Jurisdiction and Enforcement Act. Any
subsequent move from the new primary residence outside Illinois
greater than 50 25 miles from the child's original primary
residence in Illinois must be in compliance with the provisions
of this Section.
(Source: P.A. 99-90, eff. 1-1-16.)