Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act now covers the relocation of a parent who has been allocated a majority of parenting time or either parent who has been allocated equal parenting time. Said relocation statute, formally known as removal, has been one of the majorly revamped sections of P.A. 99-90.
Under Section 600(g), relocation is defined as:
- a change of residence from the child’s current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child’s current residence;
- a change of residence from the child’s current primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child’s current primary residence; or
- a change of residence from the child’s current primary residence to a residence outside the borders of this State that is more than 25 miles from the current primary residence.
If you are a parent with the majority of, or at least equal, parenting time and you wish to relocate as listed under Section 600(g), above, you must provide Notice under Section 609.2, as follows:
(c) A parent intending a relocation… must provide written notice of the relocation to the other parent under the parenting plan or allocation judgment. A copy of the notice required under this Section shall be filed with the clerk of the circuit court. The court may waive or seal some or all of the information required in the notice if there is a history of domestic violence.
(d) The notice must provide at least 60 days’ written notice before the relocation 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; and
(3) the length of time the relocation will last, if the relocation is not for an indefinite or permanent period.
If your co-parent signs the notice, there will be little court action necessary. However, under Section 609.2(f), if the non-relocating parent objects to the relocation, fails to sign the notice provided under subsection (c), or the parents cannot agree on modification of the parenting plan or allocation judgment, the parent seeking relocation must file a petition seeking permission to relocate.”
Basically, the new law makes for a smooth, legal relocation if both parents agree. If both parents do not agree, a petition for relocation and further litigation will necessarily ensue.