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Recently Passed Legislation of Interest to Child Representatives

Illinois Marriage and Dissolution Act, Amendments to Section 607 and 609
Public Act 96-0331, Effective January 1, 2010.

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides for reasonable visitation between a child and a non-custodial parent through electronic communication such as telephone, e-mail, instant messaging, and other modes of electronic communication. Provides that the court may not use time spent in electronic communication to affect child support, custody, visitation, or removal of a child from the State. Provides for the custodial parent to provide any new e-mail address of the child to the noncustodial parent within 24 hours of the change. Makes other changes concerning electronic communication between a parent and a child and between a grandparent, great-grandparent, or sibling and a child.
Synopsis provided by Illinois General Assembly.

To read the entire Act click here

Illinois Marriage and Dissolution Act, Best Interest of a Child
Public Act 96-0676, Effective January 1, 2010.

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that in considering the best interests of a child, the court shall not consider the military deployment of a present or proposed custodian. Provides that with respect to the modification of any custody order that the court shall not permanently modify a prior custody judgment during the deployment of active-duty military member, defined as a person currently serving on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause. Further amends the Illinois Marriage and Dissolution of Marriage Act. Provides that in considering the best interests of a child, the court shall consider the terms of a parent's military family-care plan that a parent in the military completes prior to deployment. Provides that with respect to the modification of any custody order that a party's absence, relocation, or failure to comply with the court's custody, visitation, or parenting time orders may not, by itself, be sufficient to justify a modification of a prior order if the reason for the absence, relocation, or failure to comply is the party's military deployment.
Synopsis provided by Illinois General Assembly.

To read the entire Act click here

Illinois Marriage and Dissolution of Marriage Act, Attorney’s fees
Public Act 96-0583, Effective January 1, 2010.

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a proceeding related to interim attorney's fees and costs in a pre-judgment dissolution proceeding (instead of interim attorney's fees) shall be nonevidentiary and summary in nature (instead of nonevidentiary, summary in nature, and expeditious). Provides that all hearings concerning interim attorney's fees and costs shall be scheduled expeditiously by the court. Provides that in dividing marital property, the court shall consider all relevant factors including each party's contribution to the marital or non-marital property including (i) any decrease in value attributable to an advance from the marital estate or (ii) the contribution of the spouse as a homemaker or to the family (instead of the contribution of the spouse as a homemaker or to the family). Provides that interim attorney's fees and costs may be awarded from the opposing party in a pre-judgment dissolution proceeding under the interim fees and costs provisions and in any other proceeding for attorney's fees and costs (instead of under the Code's interim fees and costs provisions). Provides that all petitions for or relating to interim fees and costs shall include an affidavit stating the factual basis for the requested relief and shall be expeditiously scheduled for hearing by the court. Provides that Code provisions concerning contribution to fees and costs apply to petitions for interim fees. Provides that deadlines for the filing of a praecipe or a petition for setting final fees and costs shall be tolled under specified conditions relating to an appeal or a post judgment motion. Makes other changes.

Senate Committee Amendment No. 1
Amends a Section of the Act regarding attorney's fees. Provides that if a court finds that a hearing under the Act (instead of the Section of the Act regarding attorney's fees) was precipitated or conducted for an improper purpose, the court shall allocate fees and costs of all parties for the hearing to the party or counsel found to have acted improperly. Provides that a consent judgment between client and counsel may be supported by the affidavit of the counsel of record that includes the counsel's representation that the client has been provided an itemization of the detailed billings to the client (rather than incorporating the itemization).
Synopsis provided by Illinois General Assembly.

To read the entire Act click here

The Criminal Code, Unlawful Parenting Time Provision
Public Act 96-0675, Effective August 25, 2009

Amends the Criminal Code of 1961. In provisions concerning the offense of unlawful visitation interference, changes the name of the offense to unlawful parenting time interference and changes references from "visitation" to "parenting time"; also adds references to "custody time". Amends the Illinois Marriage and Dissolution of Marriage Act to change a cross reference to the offense.

Senate Floor Amendment No. 1
Changes the name of the offense from unlawful parenting time interference to unlawful visitation or parenting time interference. Amends the Criminal Code of 1961. In provisions concerning the offense of unlawful visitation interference, changes the name of the offense to unlawful parenting time interference and changes references from "visitation" to "parenting time"; also adds references to "custody time". Amends the Illinois Marriage and Dissolution of Marriage Act to change a cross reference to the offense.
Synopsis provided by Illinois General Assembly.

To read the entire Act click here

Child Health Trusts, Illinois Marriage and Dissolution of Marriage Act
Illinois Compiled Statutes 750 ILCS 5/503 (g), Effective January 1, 2008.

Amends the IMDMA, 750 ILCS 5/503(g), to provide that the court may require the parties (if it finds it necessary to protect and promote the best interests of children during a marriage dissolution process) to set aside a portion of the jointly or separately held estates of the parties in a separate fund or trust for the child’s physical and mental health. This is an addition to the already existing provisions regarding establishment of trusts for support, maintenance, education expenses, and expenses related to the general welfare of any minor, dependent, or incompetent child.
Synopsis provided by Illinois General Assembly.

To read the entire statute click here

Voluntary Acknowledgement of Paternity Revisions
Public Act 96-0333, Effective August 11, 2009

Amends the Illinois Public Aid Code, the Vital Records Act, the Criminal Code of 1961, the Illinois Marriage and Dissolution of Marriage Act, and the Illinois Parentage Act of 1984. Provides that the Department of Healthcare and Family Services' form for voluntary acknowledgement of paternity in connection with child support collection shall be the same form prepared by the Department and distributed to county clerks and registrars under the Vital Records Act. Provides that an acknowledgement of paternity and denial of paternity form shall include a statement informing the mother, the alleged father, and the presumed father, if any, that they have the right to request DNA tests regarding the issue of the child's paternity and that by signing the form, they expressly waive such tests. Requires that the statement on the acknowledgement and denial of paternity form concerning the right to request DNA tests be set forth in bold-face capital letters not less than 0.25 inches in height. Provides that in an action brought under the Illinois Parentage Act of 1984 to determine the existence of the father and child relationship or to declare the non-existence of the parent and child relationship, the court or Administrative Hearing Officer in an Expedited Child Support System shall, prior to the entry of a judgment in the case, advise the respondent who appears of the right to request an order that the parties and the child submit to DNA tests to determine inherited characteristics; provides that the advisement shall be noted in the record. Changes the name of the offense "unlawful visitation interference" to "unlawful visitation or parenting time interference" in the Criminal Code of 1961 and the Illinois Marriage and Dissolution of Marriage Act.
Synopsis provided by Illinois General Assembly.

To read the entire Act click here

Pending Legislation/Bills

Statutes of Interest to Child Advocates representing children in Domestic Relations Court:

• Illinois Marriage and Dissolution Act
• Illinois Parentage Act of 1984
• Child Representative Provision of the Illinois Marriage and Dissolution Act

Other Legislation/Acts relative to representing our clients:

• Illinois School Student Records Act
• Mental Health and Developmental Disabilities Confidentiality Act

Case Law

• In re Marriage of Bates , 212 Ill.2d 489 (2004). This case precipitated an amendment to the statute, further clarifying the roles of child advocates, and providing that a child representative shall not testify, and must only offer evidence-based legal arguments to the court.
  For full text of opinion click here
• In re Marriage of Kostusik 361 Ill.App.3d 103 (1st Dist. 2005). The Office of the Public Guardian, the child representative on the case, filed an emergency motion to change custody. The court found that the child representative has the authority under the statute to file motions.
  For full text of opinion click here