Moving Child Out of State: Removal by Agreement vs. Contest
The purpose of this blog is to inform the reader as to the procedure and law regarding moving a minor child out of state after a divorce has been concluded in Illinois.
A. Removal by Agreement vs. Removal by Contest in Court
I. Removal by Agreement
a. When the parties agree to a removal of the minor child from the
jurisdiction of Illinois Section 609.2 (e) of the Illinois Marriage and
Dissolution of Marriage Act comes into play.
b. This Section states that, “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 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.”
c. Thus in this situation, if the parties agree a signature on the notice of
relocation is all that is necessary. The notice of relocation was
discussed on the blog immediately preceding this blog. Thus once
the notice has been signed by the non-moving party and the notice if
filed in the court, the Court shall modify the parenting plan. It is not
entirely clear as to how the court will do that. Will the Court draft
its own order so as to accomplish that move; or, does the party who
is moving have to still motion the court to obtain an order that
modifies the parenting order? This is not entirely clear.
d. Lastly, the Court still has to determine if the move is in the best
interests of the minor child prior to allowing the move, even if the
parties agree. It is also not clear how the Court is to determine
whether the move is in the best interests of the child when the
factual pleadings as put forth on the notice is so limited. We shall
have to see how this plays out in practice.
James Kelly is a Palatine divorce lawyer and Arlington Heights divorce lawyer who has been practicing family and bankruptcy law for over 23 years in Palatine, Arlington Heights, Rolling Meadows and surrounding areas in Lake County and Cook County, Illinois.