Are you considering moving away from your current residence? Do you have the majority or equal parenting time with your minor children? What are the reasons for your move? You may be permitted to move with your minor children, but you will have to properly present the facts to the court in seeking relocation.
Relocation is governed by Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act. Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act was amended to clarify the requirements surrounding moving children away from their current primary residence. The amendment became effective January 1, 2016. Since that date, there have been a few appellate court cases that have provided some guidance regarding parents’ attempts to move the children away from their current residences.
In order to relocate with the minor children, the requesting party must provide written notice of the relocation to the other parent and file a copy of that notice with the clerk of the circuit court. The notice must provide 60 days’ notice of the intended date of relocation. The address and the length of time the relocation will last. If the non-relocating parent objects to the relocation, a petition must be filed to seek permission from the court to relocate.
The court
In re Marriage of Prusak
, was presented with facts in support of mother’s petition to relocate from Naperville, Illinois to Evansville, Indiana. The Appellate Court determined.
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