92_SB0615eng

 
SB615 Engrossed                               LRB9203960WHcsA

 1        AN ACT concerning family law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Marriage  and Dissolution of
 5    Marriage Act is amended by changing Section 604 as follows:

 6        (750 ILCS 5/604) (from Ch. 40, par. 604)
 7        Sec. 604. Interviews.) (a) The court  may  interview  the
 8    child  in  chambers to ascertain the child's wishes as to his
 9    custodian and as to visitation. Counsel shall be  present  at
10    the  interview  unless  otherwise agreed upon by the parties.
11    The court shall cause a court  reporter  to  be  present  who
12    shall make a complete record of the interview instantaneously
13    to be part of the record in the case.
14        (b)  The  court  may  seek  the  advice  of  professional
15    personnel,  whether or not employed by the court on a regular
16    basis.  The  advice  given  shall  be  in  writing  and  made
17    available by the court to counsel. Counsel may examine, as  a
18    witness,  any  professional personnel consulted by the court,
19    designated as a court's witness. The  court  shall  enter  an
20    order  as  appropriate  for  costs,  fees, and disbursements,
21    including a retainer, when the court's witness is  appointed,
22    and  thereafter as necessary. The order shall require payment
23    by any of the named parties, by any other party or source, or
24    from the marital estate or a child's separate estate in cases
25    involving children. The court may not order  payment  by  the
26    Illinois  Department  of  Public  Aid  in  cases in which the
27    Department is providing child  and  spouse  support  services
28    under  Article  X  of  the  Illinois  Public Aid Code. Unless
29    otherwise ordered by the court at the time fees and costs are
30    approved, all fees and costs payable  to  a  court's  witness
31    under  this subsection (b) are by implication deemed to be in
 
SB615 Engrossed             -2-               LRB9203960WHcsA
 1    the nature of support of the child or children and are within
 2    the exceptions to discharge in  bankruptcy  under  11  U.S.C.
 3    523.
 4    (Source: P.A. 80-923.)