Bill Text: IL HB5829 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if parenting time allocated pursuant to a court order is denied to a parent due to a report or allegation of child abuse or neglect and a subsequent investigation of the alleged conduct by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act results in an unfounded report, the court shall order makeup parenting time to the parent against whom the allegation was made in an amount equal to the amount of allocated parenting time the parent was denied. Applies the provisions whether the denial of parenting time occurred by verbal refusal, interference, or the filing of a motion or emergency order that resulted in the suspension or termination of the parent's allocated parenting time, unless the investigation by the Department results in an indicated report. Requires makeup parenting time to be awarded within 6 months of the date the unfounded report is issued by the Department. Provides that nothing shall prevent the court from holding a party in contempt for wrongful denial of allocated parenting time in addition to granting makeup parenting time.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-10-28 - Filed with the Clerk by Rep. Barbara Hernandez [HB5829 Detail]

Download: Illinois-2025-HB5829-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5829 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
750 ILCS 5/607.5
750 ILCS 5/607.7 new
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if parenting time allocated pursuant to a court order is denied to a parent due to a report or allegation of child abuse or neglect and a subsequent investigation of the alleged conduct by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act results in an unfounded report, the court shall order makeup parenting time to the parent against whom the allegation was made in an amount equal to the amount of allocated parenting time the parent was denied. Applies the provisions whether the denial of parenting time occurred by verbal refusal, interference, or the filing of a motion or emergency order that resulted in the suspension or termination of the parent's allocated parenting time, unless the investigation by the Department results in an indicated report. Requires makeup parenting time to be awarded within 6 months of the date the unfounded report is issued by the Department. Provides that nothing shall prevent the court from holding a party in contempt for wrongful denial of allocated parenting time in addition to granting makeup parenting time.
LRB104 23116 LNS 39579 b
A BILL FOR
HB5829 LRB104 23116 LNS 39579 b
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 607.5 and adding
Section 607.7 as follows:
(750 ILCS 5/607.5)
Sec. 607.5. Abuse of allocated parenting time.
(a) The court shall provide an expedited procedure for the
enforcement of allocated parenting time.
(a-5) If parenting time allocated pursuant to a court
order is denied to a parent due to a report or allegation of
child abuse or neglect and a subsequent investigation of the
alleged conduct by the Department of Children and Family
Services under the Abused and Neglected Child Reporting Act
results in an unfounded report, then makeup parenting time
shall be awarded in accordance with Section 607.7 rather than
this Section.
(b) An action for the enforcement of allocated parenting
time may be commenced by a parent or a person appointed under
Section 506 by filing a petition setting forth: (i) the
petitioner's name and residence address or mailing address,
except that if the petition states that disclosure of

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petitioner's address would risk abuse of petitioner or any
member of petitioner's family or household or reveal the
confidential address of a shelter for domestic violence
victims, that address may be omitted from the petition; (ii)
the respondent's name and place of residence, place of
employment, or mailing address; (iii) the terms of the
parenting plan or allocation judgment then in effect; (iv) the
nature of the violation of the allocation of parenting time,
giving dates and other relevant information; and (v) that a
reasonable attempt was made to resolve the dispute.
(c) If the court finds by a preponderance of the evidence
that a parent has not complied with allocated parenting time
according to an approved parenting plan or a court order, the
court, in the child's best interests, shall issue an order
that may include one or more of the following:
(1) an imposition of additional terms and conditions
consistent with the court's previous allocation of
parenting time or other order;
(2) a requirement that either or both of the parties
attend a parental education program at the expense of the
non-complying parent;
(3) upon consideration of all relevant factors,
particularly a history or possibility of domestic
violence, a requirement that the parties participate in
family or individual counseling, the expense of which
shall be allocated by the court. Counseling ordered under

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this Section is subject to the Mental Health and
Developmental Disabilities Confidentiality Act and the
federal Health Insurance Portability and Accountability
Act of 1996;
(4) a requirement that the non-complying parent post a
cash bond or other security to ensure future compliance,
including a provision that the bond or other security may
be forfeited to the other parent for payment of expenses
on behalf of the child as the court shall direct;
(5) a requirement that makeup parenting time be
provided for the aggrieved parent or child under the
following conditions:
(A) that the parenting time is of the same type and
duration as the parenting time that was denied,
including but not limited to parenting time during
weekends, on holidays, and on weekdays and during
times when the child is not in school;
(B) that the parenting time is made up within 6
months after the noncompliance occurs, unless the
period of time or holiday cannot be made up within 6
months, in which case the parenting time shall be made
up within one year after the noncompliance occurs;
(6) a finding that the non-complying parent is in
contempt of court;
(7) an imposition on the non-complying parent of an
appropriate civil fine per incident of denied parenting

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time;
(8) a requirement that the non-complying parent
reimburse the other parent for all reasonable expenses
incurred as a result of the violation of the parenting
plan or court order; and
(9) any other provision that may promote the child's
best interests.
(d) In addition to any other order entered under
subsection (c), except for good cause shown, the court shall
order a parent who has failed to provide allocated parenting
time or to exercise allocated parenting time to pay the
aggrieved party his or her reasonable attorney's fees, court
costs, and expenses associated with an action brought under
this Section. If the court finds that the respondent in an
action brought under this Section has not violated the
allocated parenting time, the court may order the petitioner
to pay the respondent's reasonable attorney's fees, court
costs, and expenses incurred in the action.
(e) Nothing in this Section precludes a party from
maintaining any other action as provided by law.
(f) When the court issues an order holding a party in
contempt for violation of a parenting time order and finds
that the party engaged in parenting time abuse, the court may
order one or more of the following:
(1) Suspension of a party's Illinois driving
privileges pursuant to Section 7-703 of the Illinois

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Vehicle Code until the court determines that the party is
in compliance with the parenting time order. The court may
also order that a party be issued a family financial
responsibility driving permit that would allow limited
driving privileges for employment, for medical purposes,
and to transport a child to or from scheduled parenting
time in order to comply with a parenting time order in
accordance with subsection (a-1) of Section 7-702.1 of the
Illinois Vehicle Code.
(2) Placement of a party on probation with such
conditions of probation as the court deems advisable.
(3) Sentencing of a party to periodic imprisonment for
a period not to exceed 6 months; provided, that the court
may permit the party to be released for periods of time
during the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
(4) Find that a party in engaging in parenting time
abuse is guilty of a petty offense and should be fined an
amount of no more than $500 for each finding of parenting
time abuse.
(g) When the court issues an order holding a party in
contempt of court for violation of a parenting order, the
clerk shall transmit a copy of the contempt order to the
sheriff of the county. The sheriff shall furnish a copy of each

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contempt order to the Illinois State Police on a daily basis in
the form and manner required by the Department. The Department
shall maintain a complete record and index of the contempt
orders and make this data available to all local law
enforcement agencies.
(h) Nothing contained in this Section shall be construed
to limit the court's contempt power.
(Source: P.A. 102-538, eff. 8-20-21; 103-967, eff. 1-1-25.)
(750 ILCS 5/607.7 new)
Sec. 607.7. Makeup parenting time for unsubstantiated
allegations of child abuse or neglect.
(a) If parenting time allocated pursuant to a court order
is denied to a parent due to a report or allegation of child
abuse or neglect and a subsequent investigation of the alleged
conduct by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act results in
an unfounded report, the court shall order makeup parenting
time to the parent against whom the allegation was made in an
amount equal to the amount of allocated parenting time the
parent was denied.
(b) This Section applies whether the denial of parenting
time occurred by verbal refusal, interference, or the filing
of a motion or emergency order that resulted in the suspension
or termination of the parent's allocated parenting time,
unless the investigation by the Department of Children and

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Family Services results in an indicated report.
(c) Makeup parenting time required to be awarded under
this Section must be awarded within 6 months of the date the
unfounded report is issued by the Department of Children and
Family Services.
(d) Nothing in this Section shall prevent the court from
holding a party in contempt for wrongful denial of allocated
parenting time in addition to granting makeup parenting time.