Bill Text: IL HB4124 | 2013-2014 | 98th General Assembly | Engrossed
Bill Title: Amends the Code of Civil Procedure. Makes a technical change in the short title Section.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB4124 Detail]
Download: Illinois-2013-HB4124-Engrossed.html
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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, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. If and only if House Bill 1452 of the 98th | ||||||
5 | General Assembly becomes law, the Illinois Marriage and | ||||||
6 | Dissolution of Marriage Act is amended by changing Section 102 | ||||||
7 | as follows:
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8 | (750 ILCS 5/102) (from Ch. 40, par. 102)
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9 | Sec. 102. Purposes; Rules of Construction. This Act shall | ||||||
10 | be liberally
construed and applied to promote its underlying | ||||||
11 | purposes, which are to:
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12 | (1) provide adequate procedures for the solemnization and | ||||||
13 | registration
of marriage;
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14 | (2) strengthen and preserve the integrity of marriage and | ||||||
15 | safeguard family
relationships;
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16 | (3) promote the amicable settlement of disputes that have | ||||||
17 | arisen between
parties to a marriage;
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18 | (4) mitigate the potential harm to spouses and their | ||||||
19 | children caused
by the process of an action brought under this | ||||||
20 | Act, and protect children from exposure to conflict and | ||||||
21 | violence;
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22 | (5) ensure predictable decision-making for the care of | ||||||
23 | children and for the allocation of parenting time and other |
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1 | parental responsibilities, and avoid prolonged uncertainty by | ||||||
2 | expeditiously resolving issues involving children; | ||||||
3 | (6) recognize the right of children to a healthy | ||||||
4 | relationship with parents, and the responsibility of parents to | ||||||
5 | ensure such a relationship; | ||||||
6 | (7) acknowledge that the determination of children's best | ||||||
7 | interests, and the allocation of parenting time and significant | ||||||
8 | decision-making responsibilities, are among the paramount | ||||||
9 | responsibilities of our system of justice, and to that end: | ||||||
10 | (A) recognize children's right to a strong and healthy | ||||||
11 | relationship with parents, and parents' concomitant right | ||||||
12 | and responsibility to create and maintain such | ||||||
13 | relationships; | ||||||
14 | (B) recognize that, in the absence of domestic violence | ||||||
15 | or any other factor that the court expressly finds to be | ||||||
16 | relevant, proximity to, and frequent contact with, both | ||||||
17 | parents promotes healthy development of children; | ||||||
18 | (C) facilitate parental planning and agreement about | ||||||
19 | the children's upbringing and allocation of parenting time | ||||||
20 | and other parental responsibilities; | ||||||
21 | (D) continue existing parent-child relationships, and | ||||||
22 | secure the maximum involvement and cooperation of parents | ||||||
23 | regarding the physical, mental, moral, and emotional | ||||||
24 | well-being of the children during and after the litigation; | ||||||
25 | and | ||||||
26 | (D-5) recognize that, in order to maximize the |
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1 | opportunity
for each child to maintain and strengthen the | ||||||
2 | child's
relationship with each parent, the child's best | ||||||
3 | interests
may be served with a minimum amount of | ||||||
4 | residential
parenting time for each parent of not less than | ||||||
5 | 35% of
available residential parenting time; the minimum | ||||||
6 | percentage of parenting time shall not, in and of itself, | ||||||
7 | constitute a reason for deviation from the child support | ||||||
8 | guidelines; and | ||||||
9 | (E) promote or order parents to participate in programs | ||||||
10 | designed to educate parents to: | ||||||
11 | (i) minimize or eliminate rancor and the | ||||||
12 | detrimental effect of litigation in any proceeding | ||||||
13 | involving children; and | ||||||
14 | (ii) facilitate the maximum cooperation of parents | ||||||
15 | in raising their children;
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16 | (8)
make reasonable provision for support during and
after | ||||||
17 | an underlying dissolution of marriage, parentage, or parental | ||||||
18 | responsibility allocation action, including provision for | ||||||
19 | timely advances of interim fees and costs to all attorneys, | ||||||
20 | experts, and opinion witnesses including guardians ad litem and | ||||||
21 | children's representatives, to
achieve substantial parity in | ||||||
22 | parties' access to funds for pre-judgment litigation costs in | ||||||
23 | an action for dissolution of marriage;
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24 | (9)
eliminate the consideration of marital misconduct in | ||||||
25 | the adjudication
of rights and duties incident to
dissolution | ||||||
26 | of marriage, legal
separation and declaration of invalidity of |
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1 | marriage; and
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2 | (10)
make provision for the preservation and conservation | ||||||
3 | of marital assets
during the litigation.
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4 | (Source: P.A. 89-712, eff. 6-1-97; LRB09802948HEP58277a.)
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