VIOLATION OF ALLOCATION JUDGMENTS

Under the new Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 607, the legislature enacted the expanded on the definition and relief allowable for violating parenting time orders.

 

Section 607.5(a) of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/607.5, holds that the court shall provide an expedited procedure for the enforcement of allocated parenting time. This provision should provide for a quicker process in the hearing of new motions.

 

In terms of remedies, Section 607.5(c) states that 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) upon consideration of all relevant factors, particularly a history or possibility of domestic violence, a requirement that the parties participate in family or individual counseling, the expense of which shall be allocated by the court;

(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 expense son behalf of the child as the court shall direct;

(5) a requirement that makeup parenting time be provided for the aggrieved parent or child….”;

(6) a finding that the non-complying parent is in contempt of court;

(7) an imposition on the non-complying parent of 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; and

(9) an other provision that may promote the child’s best interests.

 

The court is also allowed contempt remedies for violation of parental allocation orders. Section 607.5(f) covers the remedies if the court finds a party in contempt, which states: When the court issues an order holding a party in contempt for violation of a parenting time order and finds that the party engaged in parenting time abuse, the court may order one of more of the following:

 

(1) Suspension of a party’s Illinois driving privileges pursuant to Section 7-703 of the Illinois Vehicle Code until the court determines that the party is in compliance with the parenting time order. The court may also order that a party be issued a family financial responsibility driving permit that would allow limited driving privileges for employment, for medical purposes, and to transport a child to or from scheduled parenting time in

order to comply with a parenting time order in accordance with subsection (a-1) of Section 7-702.1 of the Illinois Vehicle Code.

(2) Placement of a party on probation with such conditions of probation as the court deems advisable.

(3) Sentencing of a party to periodic imprisonment for a period not to exceed 6 months; provided, that the court may permit the party to be released for periods of time during the day or night to:

(A) work; or

(B) conduct a business or other self-employed occupation.

(4) Find that a party engaging in parenting time abuse is guilty of a petty offense and should be fined an amount of no more than $500 for each finding of parenting time abuse.

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