Abuse of Allocated Parenting Time

Since the overhaul of the Illinois Marriage and Dissolution of Marriage Act came about in January of 2016, there have been many changes to the new law. One section in particular is very underused at this time, but could be very helpful in cases where there are issues with exercising parenting time. The section is entitled “Abuse of Allocated Parenting Time” and is found in 750 ILCS 5/607.5.

 

This section is unique as it provides remedies that were not previously available when you need to enforce parenting time, and calls for enforcement as an “expedited” procedure. Some of the remedies available are things which clients have long asked for, such as, forcing someone to attend anger management class, imposition of additional terms and conditions consistent with the court’s previous parenting time order, requiring a parenting education class, requiring posting of a bond by the non-compliant party, and more.

 

This section is interesting because it gives more remedies to fix parenting time issues than simply holding someone in contempt for violating an order, or, finding a serious endangerment, which used to be the two primary methods of resolving parenting time issues.

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