HB1286 94TH GENERAL ASSEMBLY

LRB094 00005 DRJ 40975 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1286

Introduced 2/9/2005, by Rep. George Scully, Jr.

SYNOPSIS AS INTRODUCED:

750 ILCS 5/102	from Ch. 40, par. 102
750 ILCS 5/Pt. VI heading
750 ILCS 5/600 new
750 ILCS 5/601.5 new
750 ILCS 5/602.5 new
750 ILCS 5/602.7 new
750 ILCS 5/602.10 new
750 ILCS 5/603.5 new
750 ILCS 5/603.10 new
750 ILCS 5/604.10 new
750 ILCS 5/606.5 new
750 ILCS 5/606.10 new
750 ILCS 5/607.5 new
750 ILCS 5/609.5 new
750 ILCS 5/610.5 new
750 ILCS 5/612 new
750 ILCS 5/601 rep.
750 ILCS 5/602 rep.
750 ILCS 5/602.1 rep.
750 ILCS 5/603 rep.
750 ILCS 5/604 rep.
750 ILCS 5/604.5 rep.
750 ILCS 5/605 rep.
750 ILCS 5/606 rep.
750 ILCS 5/607 rep.
750 ILCS 5/607.1 rep.
750 ILCS 5/608 rep.
750 ILCS 5/609 rep.
750 ILCS 5/610 rep.
750 ILCS 5/611 rep.

Amends the Illinois Marriage and Dissolution of Marriage Act. Rewrites the provisions of the Act concerning child custody and visitation, eliminating the use of those terms. Provides instead for the allocation of parental responsibilities with respect to a child, including significant decision-making responsibilities and parenting time. Requires that such allocations be made according to the child's best interests. Authorizes parents to agree to a parenting plan that includes an allocation of significant decision-making responsibilities, provisions for the child's living arrangements, an allocation of parenting time, and other features; provides for the court's approval of such a plan. In the absence of such a plan, provides for a judgment allocating parental responsibilities. Provides for the designation of a child's custodian for purposes of other statutes. Provides for modification of a parenting plan or a judgment allocating parental responsibilities. Provides for enforcement of allocated parenting time. Provides that the changes made by this amendatory Act apply to: (1) all proceedings commenced on or after the effective date of this amendatory Act; (2) all actions pending on the effective date of this amendatory Act and all proceedings commenced before that effective date with respect to issues on which a judgment has not been entered; and (3) all proceedings commenced on or after the effective date of this amendatory Act for the modification of a judgment or order entered before that effective date. Effective January 1, 2006.

A BILL FOR

AN ACT concerning families.

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 102 and the heading of Part VI and by adding Sections 600, 601.5, 602.5, 602.7, 602.10, 603.5, 603.10, 604.10, 606.5, 606.10, 607.5, 609.5, 610.5, and 612 as follows:

(750 ILCS 5/102) (from Ch. 40, par. 102)

Sec. 102. Purposes; Rules of Construction. This Act shall be liberally construed and applied to promote its underlying purposes, which are to:

(1) provide adequate procedures for the solemnization and registration of marriage;

(2) strengthen and preserve the integrity of marriage and safeguard family relationships;

(3) promote the amicable settlement of disputes that have arisen between parties to a marriage;

(4) mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage process, and protect children from exposure to conflict and violence;

(5) ensure predictable decision-making for the care of children and for the allocation of parenting time and other parental responsibilities, and avoid prolonged uncertainty by expeditiously resolving issues involving children;

(6) recognize the right of children to a healthy relationship with parents, and the responsibility of parents to ensure such a relationship;

(7) acknowledge that the determination of children's best interests, and the allocation of parenting time and significant decision-making responsibilities, are among the paramount responsibilities of our system of justice, and to that end:

(A) recognize children's right to a strong and healthy relationship with parents, and parents' concomitant right and responsibility to create and maintain such relationships;

(B) recognize that, in the absence of domestic violence or any other factor that the court expressly finds to be relevant, proximity to, and frequent contact with, both parents promotes healthy development of children;

(C) facilitate parental planning and agreement about the children's upbringing and allocation of parenting time and other parental responsibilities;

(D) continue existing parent-child relationships, and secure the maximum involvement and cooperation of parents regarding the physical, mental, moral, and emotional well-being of the children during and after the litigation; and

(E) encourage programs to educate parents to:

(i) minimize or eliminate rancor and the detrimental effect of litigation in any proceeding involving children; and

(ii) facilitate the maximum cooperation of parents in raising their children;

(8) (5) make reasonable provision for spouses and minor children during and after litigation, including provision for timely awards of interim fees to all attorneys, including children's representatives, to achieve substantial parity in parties' access to funds for litigation costs;

(9) (6) eliminate the consideration of marital misconduct in the adjudication of rights and duties incident to the legal dissolution of marriage, legal separation and declaration of invalidity of marriage; and

(7) secure the maximum involvement and cooperation of both parents regarding the physical, mental, moral and emotional well-being of the children during and after the litigation; and

(10) (8) make provision for the preservation and conservation of assets during the litigation.

(Source: P.A. 89-712, eff. 6-1-97.)

(750 ILCS 5/Pt. VI heading)

PART VI ALLOCATION OF PARENTAL RESPONSIBILITIES CUSTODY

(750 ILCS 5/600 new)

Sec. 600. Definitions. For purposes of this Part VI:

"Abuse" has the meaning ascribed to that term in Section 103 of the Illinois Domestic Violence Act of 1986.

"Allocation judgment" means a judgment allocating parental responsibilities.

"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. 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 arranging for recreation; 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) Arranging for a child's education, including arranging for remedial or 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) Arranging for health-care providers, medical follow-up, and home health care for a child.

(7) Providing moral and ethical guidance for a child.

(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.

"De facto parent" means a person, other than a legal parent or equitable parent, who, for reasons other than financial compensation, has resided with a child for a period of not less than 6 continuous months and either:

(1) formed a parent-child relationship with the child, with the knowledge and consent of at least one parent of the child; or

(2) regularly performed caretaking functions for the child for a period of not less than 6 continuous months.

"Equitable parent" means a person who, though not a legal parent of a child:

(1) is obligated by a court order to pay child support for the child; or

(2) is the child's stepparent; or

(3) lived with the child for at least 2 years and:

(A) during that time (i) had a reasonable, good-faith belief that he or she was the child's biological parent, based on marriage to the child's legal parent or on the actions or representations of the legal parent, and (ii) performed or contributed to the performance of caretaking functions consistent with that belief; and

(B) continued to make reasonable, good-faith efforts to accept parental responsibilities with respect to the child if thereafter that belief no longer existed; or

(4) lived with the child since the child's birth, and held himself out as the child's parent while accepting parental responsibilities, under an agreement with the child's legal parent (or, if there are 2 legal parents, both parents) to rear the child together, each with allocated parental rights and responsibilities, provided that a court finds that recognition of the person as a parent is in the child's best interests; or

(5) lived with the child for at least 2 years, holding out and accepting parental responsibilities, under an agreement with the child's legal parent (or, if there are 2 legal parents, both parents), provided that a court finds that recognition of the person as a parent is in the child's best interests.

"Legal parent" means a biological or adoptive parent of a child.

"Parent" means a legal parent, an equitable parent, or a de facto parent.

"Parental responsibilities" means both parenting time and significant decision-making responsibilities with respect to a child.

"Parenting time" means the time during which a parent is physically with a child and exercises caretaking functions and non-significant decision-making responsibilities with respect to the child.

"Parenting plan" means a written agreement that allocates significant decision-making responsibilities, parenting time, or both.

"Relocation" means a change of residence for more than 90 days that significantly impairs a parent's ability to exercise the parental responsibilities that the parent has been exercising or is entitled to exercise under a parenting plan or allocation judgment.

"Religious upbringing" means the choice of religion or denomination of a religion, religious schooling, religious training, or participation in religious customs or practices.

"Residential responsibility" means the amount of time a child spends in a parent's care.

"Restriction of parenting time" means any limitation or condition placed on parenting time, including supervision.

"Significant decision-making" means deciding issues of long-term importance in the life of a child.

"Stepparent" means a person, other than a biological or adoptive parent, who is or was married to a legal parent.

"Supervision" means the presence of a third party during a parent's exercise of parenting time.

(750 ILCS 5/601.5 new)

Sec. 601.5. Jurisdiction; commencement of proceeding.

(a) A court of this State that is competent to allocate parental responsibilities has jurisdiction to make such an allocation in original or modification proceedings.

(b) A proceeding for allocation of parental responsibilities with respect to a child is commenced in the court:

(1) By a legal parent, by filing a petition for:

(A) dissolution of marriage or legal separation or declaration of invalidity of marriage; or

(B) allocation of parental responsibilities with respect to the child in the county in which the child resides.

(2) By a de facto parent, as defined in Section 600, by filing a petition for allocation of parental responsibilities, if all of the following circumstances are met:

(A) the petition is filed in the county in which the child resides;

(B) it is alleged to be in the child's best interests for the de facto parent to assume or continue exercising parental responsibilities, as provided in Section 602.7; and

(C) the petition is filed within 90 days after the termination of the de facto parent's caretaking functions with respect to the child.

(3) By an equitable parent, as defined in Section 600, by filing a petition for allocation of parental responsibilities, if all of the following circumstances are met:

(A) a legal parent is deceased or disabled and cannot perform caretaking functions with respect to the child; and

(B) it is alleged to be in the child's best interests for the equitable parent to assume or continue exercising parental responsibilities, as provided in Sections 602.5 and 602.7.

(4) By an equitable or de facto parent, as defined in Section 600, seeking only an allocation of parenting time:

(A) if the legal parent and the equitable parent or de facto parent have terminated their relationship; or

(B) if the legal parent and the equitable parent or de facto parent are opposing parties in a pending action for dissolution of marriage, legal separation, declaration of invalidity of marriage, or parentage.

For purposes of subdivision (b)(4)(A), the relationship between a legal parent and an equitable parent or de facto parent is presumed to have terminated if those parents are residing in separate residences.

(c) When a proceeding for allocation of parental responsibilities is commenced, the parent commencing the action must, at least 30 days before any hearing on the petition, serve a written notice and a copy of the petition on the child's parent and on any party previously appearing in any prior proceeding for allocation of parental responsibilities with respect to the child. Nothing in this Section shall preclude a party in a proceeding for allocation of parental responsibilities from moving for a temporary order under Section 602.5.

(750 ILCS 5/602.5 new)

Sec. 602.5. Allocation of parental responsibilities: decision-making.

(a) Generally. The court shall allocate decision-making responsibilities according to the child's best interests. Nothing in this Act requires that every parent be allocated decision-making responsibilities.

(b) Allocation of significant decision-making responsibilities. If a legal parent is exercising parental responsibilities with respect to the child, the court shall not allocate significant decision-making responsibilities to an equitable or de facto parent as defined in Section 600. The court shall allocate the significant decision-making responsibilities with respect to the child unless the parents otherwise agree on an allocation. The court shall allocate to one or more of the parents the significant decision-making responsibility for each significant issue affecting the child. Those significant issues shall include, without limitation, the following:

(1) Education, including the choice of schools and tutors.

(2) Health, including all decisions relating to the medical, dental, and psychological needs of the child and to the treatments arising or resulting from those needs.

(3) Religion, subject to the following provisions:

(A) The court shall allocate parental responsibility for the child's religious upbringing in accordance with any express or implied agreement between the parents.

(B) The court shall consider evidence of the parents' past conduct as to the child's religious upbringing in allocating parental responsibilities consistent with demonstrated past conduct in the absence of an express or implied agreement between the parents.

(C) The court shall not allocate any aspect of the child's religious upbringing if it determines that the parents do not or did not have an express or implied agreement for such religious upbringing or that there is insufficient evidence to demonstrate a course of conduct regarding the child's religious upbringing that could serve as a basis for any such order.

(4) Extracurricular activities.

(c) Determination of child's best interests. In determining the child's best interests for purposes of allocating significant decision-making responsibilities, the court shall consider all relevant factors, including, without limitation, the following:

(1) The wishes of a child who is sufficiently mature to express reasoned and independent preferences as to significant decisions.

(2) The child's adjustment to his or her home, school, and community.

(3) The mental and physical health of all individuals involved.

(4) The ability of the parents to cooperate to make decisions, or the level of conflict between the parties that may affect their ability to share decision-making.

(5) The level of each parent's participation in past significant decision-making with respect to the child.

(6) Any prior agreement or course of conduct between the parents relating to decision-making with respect to the child.

(7) The wishes of the parents.

(8) The child's needs in light of economic, physical, or other circumstances.

(9) The distance between the parents' residences, the cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement.

(10) Whether a restriction on decision-making is appropriate under Section 603.10.

(11) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

(12) Any other factor that the court expressly finds to be relevant.

(d) If each parent has been exercising a responsible share of caretaking functions with respect to the child, the court shall presume that it is in the child's best interests to allocate significant decision-making responsibilities to each parent. The presumption shall be overcome if there has been a history of domestic violence or abuse, or if it is shown that an allocation of significant decision-making responsibilities to one of the parents is not in the child's best interests.

(e) A parent shall have sole responsibility for making routine decisions with respect to the child and for emergency decisions affecting the child's health and safety during that parent's parenting time.

(f) In allocating significant decision-making responsibilities, the court shall not consider conduct of a parent that does not affect that parent's relationship to the child.

(g) A parent, other than a legal parent, who is allocated significant decision-making responsibilities is not entitled to access to the child's school or health care records unless a court finds that it is in the child's best interests to provide those records to the parent.

(750 ILCS 5/602.7 new)

Sec. 602.7. Allocation of parental responsibilities: parenting time.

(a) Generally. The court shall allocate parenting time according to the child's best interests.

(b) Allocation of parenting time. Unless the parents present an agreed written and notarized parenting plan and that plan is approved by the court, the court shall allocate parenting time. The court shall not place any restrictions on parenting time as defined in Section 600 and described in Section 603.10 unless it finds by a preponderance of the evidence that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health.

In determining the child's best interests for purposes of allocating parenting time, the court shall consider all relevant factors, including, without limitation, the following:

(1) The wishes of each parent seeking parenting time.

(2) The wishes of a child who is sufficiently mature to express reasoned and independent preferences as to parenting time.

(3) The amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child's birth.

(4) Any prior agreement or course of conduct between the parents relating to caretaking functions with respect to the child.

(5) The interaction and interrelationship of the child with his or her parents and siblings and with any other person who may significantly affect the child's best interests.

(6) The child's adjustment to his or her home, school, and community.

(7) The mental and physical health of all individuals involved.

(8) The child's needs in light of economic, physical, or other circumstances.

(9) The distance between the parents' residences, the cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement.

(10) The occurrence of abuse, whether directed against the child or directed against another person.

(11) Whether a restriction on parenting time is appropriate.

(12) The physical violence or threat of physical violence by a parent, whether directed against the child or directed against another person.

(13) The willingness and ability of each parent to place the needs of the child ahead of his or her own needs.

(14) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

(15) Any other factor that the court expressly finds to be relevant.

(c) In allocating parenting time, the court shall not consider conduct of a parent that does not affect that parent's relationship to the child.

(d) A parent, other than a legal parent, who is allocated parenting time is not entitled to access to the child's school or health care records unless a court finds that it is in the child's best interests to provide those records to the parent.

(750 ILCS 5/602.10 new)

Sec. 602.10. Parenting plan.

(a) Generally. The court may order mediation to assist the parents in formulating or modifying a parenting plan or in implementing a parenting plan. The court may allocate the cost of such mediation between the parties.

(b) Parents' agreement on parenting plan. The parents may agree on a parenting plan at any time. The parenting plan must be in writing and signed by all parents. The parents must submit the parenting plan to the court for approval within 90 days after service of a petition for allocation of parental responsibilities or the filing of an appearance. The parenting plan must be accompanied by a joint affidavit that complies with subsection (e), unless the filing of such an affidavit is excused by the court. If the court does not approve the parenting plan, the court shall make express findings of the reason or reasons for its refusal to approve the plan. The court, on its own motion, may conduct an evidentiary hearing to determine whether the parenting plan is in the child's best interests.

(c) Parents cannot agree on parenting plan. Each parent must file and submit a written, signed parenting plan to the court within 90 days after service of a petition for allocation of parental responsibilities or the filing of an appearance. The plan must be accompanied by a separate affidavit that complies with subsection (e). The filing of the plan and affidavit may be excused by the court if:

(1) the parties have commenced mediation for the purpose of formulating a parenting plan; or

(2) the parents have agreed in writing to extend the time for filing a proposed plan and supporting affidavit and the court has approved such an extension; or

(3) the court orders otherwise for good cause shown.

(d) Parenting plan contents. At a minimum, a parenting plan must set forth the following:

(1) An allocation of significant decision-making responsibilities.

(2) Provisions for the child's living arrangements and for each parent's parenting time, including either:

(A) a schedule that designates in which parent's home the minor child will reside on given days; or

(B) a formula or method for determining such a schedule in sufficient detail to be enforced in a subsequent proceeding.

(3) A mediation provision addressing any proposed revisions or disputes, except that this provision is not required if one parent is allocated all significant decision-making responsibilities.

(4) Each parent's right of access to medical, dental, and psychological records (subject to the Mental Health and Developmental Disabilities Confidentiality Act), child care records, and school and extracurricular records, reports, and schedules, unless expressly denied by a court order or denied under subsection (g) of Section 602.5.

(5) A designation of the parent who will be denominated as the parent with the majority of the residential responsibility for purposes of Section 606.10.

(6) The child's residential address for school enrollment purposes only.

(7) Each parent's residence address and phone number, and each parent's place of employment and employment address and phone number.

(8) A requirement that a parent changing his or her residence provide at least 60 days prior written notice of the change to any other parent under the parenting plan or allocation judgment, unless such notice is impracticable or unless otherwise ordered by the court. If such notice is impracticable, written notice shall be given at the earliest date practicable. At a minimum, the notice shall set forth the following:

(A) The intended date of the change of residence.

(B) The address of the new residence.

(9) Provisions requiring each parent to notify the other of emergencies, health care, travel plans, or other significant child-related issues.

(10) Transportation arrangements between the parents.

(11) Provisions for communications with the child during the other parent's parenting time.

(12) Provisions for resolving issues arising from a parent's future relocation.

(13) Provisions for future modifications of the parenting plan, if specified events occur.

(14) Any other provision that addresses the child's best interests or that will otherwise facilitate cooperation between the parents.

(e) Affidavit. If the parents have not agreed on a parenting plan, then within 90 days after service of any petition for allocation of parental responsibilities or the filing of an appearance, a parent seeking an allocation judgment must file with the court a proposed parenting plan supported by an affidavit. Notwithstanding the preceding sentence, a parent need not file such a proposed plan and supporting affidavit if: (i) the parents have commenced mediation for the purpose of formulating a parenting plan; or (ii) the parents have agreed in writing to extend the time for filing a proposed plan and supporting affidavit and the court has approved such an extension; or (iii) the court orders otherwise for good cause shown.

The affidavit supporting a proposed parenting plan must contain, to the best of the affiant's knowledge, all of the following:

(1) The name and address of the child, every parent, and any other person previously appearing in any prior allocation proceeding.

(2) The name and address of every person with whom the child has lived for one year or more, and the period of time during which the child and each such person lived together. If the child is less than one year old, the affidavit must contain the name and address of any person with whom the child lived for more than 60 days.

(3) A summary of the caretaking functions performed by each person identified under paragraph (2), including such functions performed during at least the 24 months preceding the filing of the action for allocation of parental responsibilities.

(4) A schedule of each parent's current hours of employment, availability to perform caretaking functions with respect to the child, existing child care arrangements, and any anticipated changes.

(5) A summary schedule of the child's school and extracurricular activities.

(6) A summary of any relevant existing risk factors, including orders arising from allegations of abuse and the case number and issuing court.

(7) A summary of the known areas of agreement and disagreement between the parents concerning a proposed parenting plan.

(750 ILCS 5/603.5 new)

Sec. 603.5. Temporary orders.

(a) A court may order a temporary allocation of parental responsibilities in the child's best interests before the entry of a final allocation judgment. Any such temporary allocation shall be made in accordance with the standards set forth in Sections 602.5 and 602.7 (i) after a hearing or (ii) if there is no objection, on the basis of affidavits that, at a minimum, comply with subsection (e) of Section 602.10.

(b) A temporary order allocating parental responsibilities shall be deemed vacated when the action in which it was granted is dismissed, unless a parent moves to continue the action for allocation of parental responsibilities filed under Section 601.5.

(c) A temporary order allocating parental responsibilities does not preclude access to the child by a parent who has been exercising a reasonable share of caretaking functions with respect to the child, unless a denial of such access is in the child's best interests as determined in accordance with Section 602.5.

(750 ILCS 5/603.10 new)

Sec. 603.10. Restriction of parental responsibilities.

(a) After hearing, if the court finds by a preponderance of the evidence that a parent engaged in any conduct that seriously endangered the child's mental, moral, or physical health or that significantly impaired the child's emotional development, the court shall enter orders as necessary to protect the child. Such orders may include, but are not limited to, orders for one or more of the following:

(1) A reduction, elimination, or other adjustment of the parent's decision-making responsibilities or parenting time, or both decision-making responsibilities and parenting time.

(2) Supervision, including ordering the Department of Children and Family Services to exercise continuing supervision under Section 5 of the Children and Family Services Act to ensure compliance with the allocation judgment.

(3) Requiring the exchange of the child between the parents through an intermediary or in a protected setting.

(4) Restraining a parent's communication with or proximity to the other parent or the child.

(5) Requiring a parent to abstain from possessing or consuming alcohol or non-prescribed drugs while exercising parenting time with the child and within a specified period immediately preceding the exercise of parenting time.

(6) Restricting the presence of specific persons while a parent is exercising parenting time with the child.

(7) Requiring a parent to post a bond to secure the return of the child following the parent's exercise of parenting time or to secure other performance required by the court.

(8) Requiring a parent to complete a treatment program for perpetrators of abuse, for drug or alcohol abuse, or for other behavior that is the basis for restricting parental responsibilities under this Section.

(9) Any other constraints or conditions that the court deems necessary to provide for the child's safety or welfare.

(b) The court may modify an order granting, denying, or limiting parental responsibilities if the court finds, after hearing, by a preponderance of the evidence that a modification is in the child's best interests based on (i) a change of circumstances that occurred after the entry of an allocation judgment or (ii) conduct of which the court was previously unaware that seriously endangers the child. In determining whether to modify an order under this subsection, the court must consider factors that include, but need not be limited to, the following:

(1) Abuse, neglect, or abandonment of the child.

(2) Abusing or allowing abuse of another person that had an impact upon the child.

(3) Use of drugs, alcohol, or any other substance in a way that interferes with the parent's ability to perform caretaking functions with respect to the child.

(4) Persistent continuing interference with the other parent's access to the child, except for actions taken with a reasonable, good-faith belief that they are necessary to protect the child's safety pending adjudication of the facts underlying that belief, provided that the interfering parent initiates a proceeding to determine those facts as soon as practicable.

(c) An order granting parenting time to a parent may be revoked if that parent is found to have knowingly used his or her parenting time to facilitate contact between the child and a parent who has been barred from contact with the child or to have knowingly used his or her parenting time to facilitate contact with the child that violates any restrictions imposed on the parent's parenting time by a court of competent jurisdiction. Nothing in this subsection limits a court's authority to enforce its orders in any other manner authorized by law.

(d) An order granting parenting time with a child whose parent is prohibited from contact with the child, or whose parenting time is restricted, shall contain the following provision:

"If a parent granted parenting time under this Order uses that time to facilitate contact between the child and a parent whose parenting time is restricted, or if such a parent violates any restrictions placed on his or her parenting time by the court, the parenting time granted under this Order shall be revoked until further order of court."

(e) A parent who has been convicted of any offense involving an illegal sex act perpetrated upon a victim less than 18 years of age, including but not limited to an offense under Article 12 of the Criminal Code of 1961, is not entitled to parenting time while incarcerated or while on parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for a felony offense, until the parent complies with such terms and conditions as the court determines are in the child's best interests.

(f) A parent may not, while the child is present, visit any other parent of the child who has been convicted of first degree murder unless the court finds, after considering all relevant factors, including those set forth in subsection (c) of Section 602.5, that it would be in the child's best interests to allow the child to be present during such a visit.

(750 ILCS 5/604.10 new)

Sec. 604.10. Interviews; evaluations; investigation.

(a) Court's interview of child. The court may interview the child in chambers to ascertain the child's wishes as to the allocation of parental responsibilities. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The entire interview shall be recorded by a court reporter. The transcript of the interview shall be filed under seal and released only upon order of the court. The cost of the court reporter and transcript shall be paid by the court.

(b) Court's professional. The court may seek the advice of any professional, whether or not regularly employed by the court, to assist the court in determining the child's best interests. The advice to the court shall be in writing and sent by the professional to counsel for the parties and to the court, under seal. The writing may be admitted into evidence without testimony from its author, unless a party objects. A professional consulted by the court shall testify as the court's witness. The court shall order all costs and fees of the professional to be paid by one or more of the parties, subject to reallocation in accordance with subsection (a) of Section 508.

(c) Evaluation by a party's retained professional. In a proceeding to allocate parental responsibilities or to relocate a child from Illinois, upon notice and motion made by a parent or any party to the litigation within a reasonable time before trial, the court shall order an evaluation to assist the court in determining the child's best interests. The evaluation may be in place of or in addition to any advice given to the court by a professional under subsection (b). A motion for an evaluation under this subsection must, at a minimum, identify the proposed evaluator and the evaluator's specialty or discipline. An order for an evaluation under this subsection must set forth the evaluator's name, address, and telephone number and the time, place, conditions, and scope of the evaluation. No person shall be required to travel an unreasonable distance for the evaluation. The party requesting the evaluation shall pay the evaluator's fees and costs unless otherwise ordered by the court.

The evaluator's report must, at a minimum, set forth the following:

(1) A description of the procedures employed during the evaluation.

(2) A report of the data collected.

(3) All test results.

(4) Any conclusions of the evaluator relating to the allocation of parental responsibilities under Sections 602.5 and 602.7.

(5) Any recommendations of the evaluator concerning the allocation of parental responsibilities or the child's relocation from Illinois.

(6) An explanation of any limitations in the evaluation or any reservations of the evaluator regarding the resulting recommendations.

A party who retains a professional to conduct an evaluation under this subsection shall cause the evaluator's written report to be sent to the attorneys of record no less than 60 days before the hearing on the allocation of parental responsibilities, unless otherwise ordered by the court; if a party fails to comply with this provision, the court may not admit the evaluator's report into evidence and may not allow the evaluator to testify.

The party calling an evaluator to testify at trial shall disclose the evaluator as a controlled expert witness in accordance with the Supreme Court rules.

Any party to the litigation may call the evaluator as a witness. That party shall pay the evaluator's fees and costs for testifying, unless otherwise ordered by the court.

(d) Investigation. Upon notice and a motion by a parent or any party to the litigation, or upon the court's own motion, the court may order an investigation and report to assist the court in allocating parental responsibilities. The investigation may be made by any child welfare agency approved by the Department of Children and Family Services, but shall not be made by that Department unless the court determines either that there is no child welfare agency available or that no party is financially able to pay for the investigation. The court shall specify the purpose and scope of the investigation.

The investigator shall send his or her report to all attorneys of record, and to any party not represented, at least 60 days before the hearing on the allocation of parental responsibilities. The court shall examine and consider the investigator's report only after it has been admitted into evidence or after the parties have waived their right to cross-examine the investigator.

The investigator shall make available to all attorneys of record, and to any party not represented, the investigator's file, and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the investigator, or any person consulted by the investigator as a court's witness, for cross-examination. No fees shall be paid for any investigation by a governmental agency. The fees incurred by any other investigator shall be allocated in accordance with Section 508.

(750 ILCS 5/606.5 new)

Sec. 606.5. Hearings.

(a) Proceedings to allocate parental responsibilities shall receive priority in being set for hearing.

(b) The court, without a jury, shall determine questions of law and fact.

(c) If the court finds that a public hearing may be detrimental to the child's best interests, the court shall exclude the public from the hearing, but the court may admit any person having:

(1) a direct and legitimate interest in the case; or

(2) a legitimate educational or research interest in the work of the court, but only with the permission of one of the parties.

(d) The court may make an appropriate order sealing the records of any interview, report, investigation, or testimony.

(750 ILCS 5/606.10 new)

Sec. 606.10. Designation of custodian for purposes of other statutes. Solely for the purposes of all State and federal statutes that require a designation or determination of custody or a custodian, a parenting plan shall designate the parent who is allocated the majority of residential responsibility. This designation shall not affect parents' rights and responsibilities under the parenting plan.

(750 ILCS 5/607.5 new)

Sec. 607.5. Abuse of allocated parenting time.

(a) The court shall provide an expedited procedure for the enforcement of allocated parenting time.

(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, residence address or mailing address, and phone number; (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) A requirement that the parties participate in family counseling at the expense of the non-complying parent.

(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 such 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 such 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) Imposing on the non-complying parent an appropriate civil fine per incident of denied parenting 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.

(9) Any other provision that may promote the child's best interests.

(d) In addition to any other order entered under subsection (c), 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.

(750 ILCS 5/609.5 new)

Sec. 609.5. Parent's relocation.

(a) A parent's relocation constitutes a substantial change in circumstances for purposes of Section 610.5.

(b) Only a parent who has been allocated a majority of parenting time may seek to relocate with a child, except that when parents have equal parenting time, either parent may seek to relocate with a child.

(c) Any parent intending to relocate must provide at least 60 days prior written notice to any other parent under the parenting plan or allocation judgment 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.

(3) The specific reasons for the parent's intended relocation.

(4) A proposal modifying the parents' parental responsibilities, if necessary, in light of the relocation.

(5) If the parent's intended relocation requires a change in the child's school, a statement of how the relocating parent intends to meet the child's educational needs.

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.

(d) If a parent receives a written notice of the other parent's intent to relocate and objects to the relocation, then no later than 30 days after receiving the notice, the objecting parent must file a petition setting forth objections to the proposed relocation. A petition filed under this subsection shall be expeditiously heard by the court. A parent's failure to file for the relief provided under this subsection constitutes a waiver of that parent's objections to the relocation. If the court finds that objections are made in bad faith, it shall award reasonable attorney's fees and costs to the other party.

(e) 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) The court shall modify the parenting plan or allocation judgment to accommodate the relocation without changing the proportion of parental responsibilities between the parties, if practicable, as long as such a modification is in the child's best interests.

(g) If a parent's relocation makes it impracticable to maintain the same proportion of parental responsibilities between the parties, 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 factors set forth in subsection (c) of this Section.

(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 since the implementation of any previous 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 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 after taking into consideration the child's age and maturity.

(9) Whether the intended relocation is valid, in good faith, and to a location that is reasonable in light of the purpose.

(10) Possible arrangements for the exercise of parental responsibilities appropriate to the parents' resources and circumstances and the developmental level of the child.

(11) Minimization of the impairment to a parent-child relationship caused by a parent's relocation.

(12) Any other relevant factors bearing on the child's best interests.

(h) Unless the non-relocating parent demonstrates that a reallocation of parental responsibilities is necessary to prevent harm to the child, the court shall deny the non-relocating parent's request for a reallocation of parental responsibilities based on relocation if the non-relocating parent either:

(1) failed to object to the relocation within the time allowed; or

(2) has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment.

(750 ILCS 5/610.5 new)

Sec. 610.5. Modification.

(a) The court shall modify a parenting plan or allocation judgment when necessary to serve the child's best interests if the court finds, by a preponderance of the evidence, that:

(1) on the basis of facts that have arisen since the entry of the existing parenting plan or allocation judgment or were not anticipated therein, a substantial change has occurred in the circumstances of the child or of any parent and that a modification is necessary to serve the child's best interests; or

(2) the existing allocation of parental responsibilities seriously endangers the child's physical, mental, moral, or emotional health.

(b) The court shall modify a parenting plan or allocation judgment in accordance with a parental agreement, unless it finds that the modification is not in the child's best interests.

(c) The court may modify a parenting plan or allocation judgment without a showing of changed circumstances if (i) the modification is in the child's best interests and (ii) any of the following are proven as to the modification:

(A) The modification reflects the actual arrangement under which the child has been receiving care, without parental objection, for the 6 months preceding the filing of the petition for modification, provided that the arrangement is not the result of a parent's acquiescence resulting from circumstances that negated the parent's ability to give meaningful consent.

(B) The modification constitutes a minor modification in the parenting plan or allocation judgment.

(C) The modification is necessary to modify an agreed parenting plan or allocation judgment that the court would not have ordered or approved under Section 602.5 or 602.7 had the court been aware of the circumstances at the time of the order or approval.

(d) Attorney's fees and costs shall be assessed against a party seeking modification if the court finds that the modification action is vexatious or constitutes harassment.

(750 ILCS 5/612 new)

Sec. 612. Application of provisions concerning allocation of parental responsibilities.

(a) The changes made by this amendatory Act of the 94th General Assembly apply to all proceedings commenced on or after the effective date of this amendatory Act of the 94th General Assembly.

(b) The changes made by this amendatory Act of the 94th General Assembly apply to all actions pending on the effective date of this amendatory Act of the 94th General Assembly and to all proceedings commenced before that effective date with respect to issues on which a judgment has not been entered. Evidence adduced after the effective date of this amendatory Act of the 94th General Assembly shall comply with the changes made by this amendatory Act of the 94th General Assembly.

(c) The changes made by this amendatory Act of the 94th General Assembly apply to all proceedings commenced on or after the effective date of this amendatory Act of the 94th General Assembly for the modification of a judgment or order entered before that effective date.

(d) In any action or proceeding in which an appeal was pending or a new trial was ordered before the effective date of this amendatory Act of the 94th General Assembly, the law in effect at the time of the order sustaining the appeal or the new trial governs the appeal, the new trial, and any subsequent trial or appeal.

(750 ILCS 5/601 rep.)

(750 ILCS 5/602 rep.)

(750 ILCS 5/602.1 rep.)

(750 ILCS 5/603 rep.)

(750 ILCS 5/604 rep.)

(750 ILCS 5/604.5 rep.)

(750 ILCS 5/605 rep.)

(750 ILCS 5/606 rep.)

(750 ILCS 5/607 rep.)

(750 ILCS 5/607.1 rep.)

(750 ILCS 5/608 rep.)

(750 ILCS 5/609 rep.)

(750 ILCS 5/610 rep.)

(750 ILCS 5/611 rep.)

Section 10. The Illinois Marriage and Dissolution of Marriage Act is amended by repealing Sections 601, 602, 602.1, 603, 604, 604.5, 605, 606, 607, 607.1, 608, 609, 610, and 611.

Section 99. Effective date. This Act takes effect January 1, 2006.