Illinois divorce and family law changed significantly beginning in 2016. One of these many changes involves relocating with children, both in and out of Illinois.
Under previous law, a custodial or residential parent could relocate anywhere within Illinois without first obtaining the court’s permission. A parent who wanted to move a child from Illinois to another state, regardless of distance from the state lines, first needed authorization from the court before moving.
The old law was problematic in some cases, such as when a parent lived in an area near a state line. For example, my law office is located in McHenry County, which borders Wisconsin. Parents could not move a few miles across the state line to Wisconsin without first getting a court order. However, those same parents could move with the children many hours west, or especially south, and did not need the court’s permission before moving.
The new Illinois law about relocating children in divorce and paternity cases has three definitions. The first is moving from a residence in Cook, DuPage, Kane, Lake, McHenry, or Will County that is more than 25 miles from the child’s current residence. The second is moving more than 50 miles from a residence in a county other than the six counties in the preceding sentence. The third is moving outside of Illinois and more than 25 miles from the current residence.
If the relocating parent stays within the new radius restrictions, that parent does not need the court’s permission before moving. Under the old law, a parent could not move 20 miles away from Woodstock, Illinois to Lake Geneva, Wisconsin without court approval. The new law would permit that relocation to Lake Geneva without first needing to go through the legal process. On the other hand, under the old law a parent could relocate with the children about 200 miles from Woodstock to Champaign without prior court order. The new law does require going through the legal process for that far of a relocation even within Illinois.
A parent intending to relocate outside the radius restrictions listed above must first provide written notice of the relocation to the other parent, and file a copy of the notice with the court clerk. The notice must go to the other parent at least 60 days before the relocation, unless that period is impracticable or otherwise ordered. (Another part of previous and new law requires both parents to keep each other informed and updated about home and work addresses, phone numbers, etc.). The notice must include the intended date of the parent’s relocation, the address of the intended new residence, and how long the relocation will last, if not indefinite or permanent. Failing to comply with these notice requirements can be considered by the court to determine if the parent’s relocation is in good faith.
If the non-relocating parent signs the notice and it is filed with the court, the relocation may occur without any further court action. If the non-relocating parent objects to the relocation, or fails to sign the notice, or the parents disagree on modifying their parental allocation judgment, the parent seeking relocation must file a motion requesting the court’s permission to relocate. The intent to relocate must then go through the mediation, negotiation, and litigation processes.
Under the new law, a parent’s relocation constitutes a substantial change in circumstances for purposes to modify parental responsibilities. When considering relocation and modifying the parental allocation, the court considers many factors. Ten factors are specified, while the last is “any other relevant factors bearing on the child’s best interests.” The specific factors include: the circumstances and reasons for the relocation; the reasons the non-moving parent objects to the relocation; the history and quality of each parent’s relationship with the child; whether a parent has substantially failed or refused to exercise parental responsibilities under the parental allocation judgment; the educational opportunities for the child at the current and new locations; the presence or absence of extended family at the current and new locations; and “the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to relocation”.