Important Changes To 750 ILCS 5/600 - 5/610.5 Involving .

c. Visitation By Certain Non Parents: 750 ILCS 5/602.9(750 ILCS 5/602.9)(This Section may contain text from a Public Act with adelayed effective date)Sec. 602.9. Visitation by certain non-parents.(a) As used in this Section:(1) "electronic communication" means time that agrandparent, great-grandparent, sibling, or step-parentspends with a child during which the child is not in theperson's actual physical custody, but which is facilitatedby the use of communication tools such as the telephone,electronic mail, instant messaging, video conferencing orother wired or wireless technologies via the Internet, oranother medium of communication;(2) "sibling" means a brother or sister either ofthe whole blood or the half blood, stepbrother, orstepsister of the minor child;(3) "step-parent" means a person married to achild's parent, including a person married to the child'sparent immediately prior to the parent's death; and(4) "visitation" means in-person time spent between achild and the child's grandparent, great-grandparent,sibling, step-parent, or any person designated undersubsection (d) of Section 602.7. In appropriatecircumstances, visitation may include electroniccommunication under conditions and at times determined bythe court.(b) General provisions.(1) An appropriate person, as identified insubsection (c) of this Section, may bring an action incircuit court by petition, or by filing a petition in apending dissolution proceeding or any other proceedingthat involves parental responsibilities or visitationissues regarding the child, requesting visitation with thechild pursuant to this Section. If there is not a pendingproceeding involving parental responsibilities orvisitation with the child, the petition for visitationwith the child must be filed in the county in which thechild resides. Notice of the petition shall be given asprovided in subsection (c) of Section 601.2 of this Act.(2) This Section does not apply to a child:(A) in whose interests a petition is pendingunder Section 2-13 of the Juvenile Court Act of 1987;or(B) in whose interests a petition to adopt by anunrelated person is pending under the Adoption Act; or(C) who has been voluntarily surrendered by theparent or parents, except for a surrender to theDepartment of Children and Family Services or a fostercare facility; or(D) who has been previously adopted by anindividual or individuals who are not related to theFamily Law Legislative UpdateNovember 5, 2015Ch. 4 Page 7

biological parents of the child or who is the subjectof a pending adoption petition by an individual orindividuals who are not related to the biologicalparents of the child; or(E) who has been relinquished pursuant to theAbandoned Newborn Infant Protection Act.(3) A petition for visitation may be filed under thisSection only if there has been an unreasonable denial ofvisitation by a parent and the denial has caused the childundue mental, physical, or emotional harm.(4) There is a rebuttable presumption that a fitparent's actions and decisions regarding grandparent,great-grandparent, sibling, or step-parent visitation arenot harmful to the child's mental, physical, or emotionalhealth. The burden is on the party filing a petition underthis Section to prove that the parent's actions anddecisions regarding visitation will cause undue harm tothe child's mental, physical, or emotional health.(5) In determining whether to grant visitation, thecourt shall consider the following:(A) the wishes of the child, taking into accountthe child's maturity and ability to express reasonedand independent preferences as to visitation;(B) the mental and physical health of the child;(C) the mental and physical health of thegrandparent, great-grandparent, sibling, or stepparent;(D) the length and quality of the priorrelationship between the child and the grandparent,great-grandparent, sibling, or step-parent;(E) the good faith of the party in filing thepetition;(F) the good faith of the person denyingvisitation;(G) the quantity of the visitation time requestedand the potential adverse impact that visitation wouldhave on the child's customary activities;(H) any other fact that establishes that the lossof the relationship between the petitioner and thechild is likely to unduly harm the child's mental,physical, or emotional health; and(I) whether visitation can be structured in a wayto minimize the child's exposure to conflicts betweenthe adults.(6) Any visitation rights granted under this Sectionbefore the filing of a petition for adoption of the childshall automatically terminate by operation of law upon theentry of an order terminating parental rights or grantingthe adoption of the child, whichever is earlier. If theperson or persons who adopted the child are related to thechild, as defined by Section 1 of the Adoption Act, anyperson who was related to the child as grandparent, greatgrandparent, or sibling prior to the adoption shall havestanding to bring an action under this Section requestingvisitation with the child.(7) The court may order visitation rights for thegrandparent, great-grandparent, sibling, or step-parentFamily Law Legislative UpdateNovember 5, 2015Ch. 4 Page 8

that include reasonable access without requiring overnightor possessory visitation.(c) Visitation by grandparents, great-grandparents, stepparents, and siblings.(1) Grandparents, great-grandparents, step-parents,and siblings of a minor child who is one year old or oldermay bring a petition for visitation and electroniccommunication under this Section if there is anunreasonable denial of visitation by a parent that causesundue mental, physical, or emotional harm to the child andif at least one of the following conditions exists:(A) the child's other parent is deceased or hasbeen missing for at least 90 days. For the purposes ofthis subsection a parent is considered to be missingif the parent's location has not been determined andthe parent has been reported as missing to a lawenforcement agency; or(B) a parent of the child is incompetent as amatter of law; or(C) a parent has been incarcerated in jail orprison for a period in excess of 90 days immediatelyprior to the filing of the petition; or(D) the child's parents have been granted adissolution of marriage or have been legally separatedfrom each other or there is pending a dissolutionproceeding involving a parent of the child or anothercourt proceeding involving parental responsibilitiesor visitation of the child (other than an adoptionproceeding of an unrelated child, a proceeding underArticle II of the Juvenile Court Act of 1987, or anaction for an order of protection under the IllinoisDomestic Violence Act of 1986 or Article 112A of theCode of Criminal Procedure of 1963) and at least oneparent does not object to the grandparent, greatgrandparent, step-parent, or sibling having visitationwith the child. The visitation of the grandparent,great-grandparent, step-parent, or sibling must notdiminish the parenting time of the parent who is notrelated to the grandparent, great-grandparent, stepparent, or sibling seeking visitation; or(E) the child is born to parents who are notmarried to each other, the parents are not livingtogether, and the petitioner is a grandparent, greatgrandparent, step-parent, or sibling of the child, andparentage has been established by a court of competentjurisdiction.(2) In addition to the factors set forth insubdivision (b)(5) of this Section, the court shouldconsider:(A) whether the child resided with the petitionerfor at least 6 consecutive months with or without aparent present;(B) whether the child had frequent and regularcontact or visitation with the petitioner for at least12 consecutive months; and(C) whether the grandparent, great-grandparent,sibling, or step-parent was a primary caretaker of theFamily Law Legislative UpdateNovember 5, 2015Ch. 4 Page 9

child for a period of not less than 6 consecutivemonths within the 24-month period immediatelypreceding the commencement of the proceeding.(3) An order granting visitation privileges underthis Section is subject to subsections (c) and (d) ofSection 603.10.(4) A petition for visitation privileges may not befiled pursuant to this subsection (c) by the parents orgrandparents of a parent of the child if parentage betweenthe child and the related parent has not been legallyestablished.(d) Modification of visitation orders.(1) Unless by stipulation of the parties, no motionto modify a grandparent, great-grandparent, sibling, orstep-parent visitation order may be made earlier than 2years after the date the order was filed, unless the courtpermits it to be made on the basis of affidavits thatthere is reason to believe the child's present environmentmay endanger seriously the child's mental, physical, oremotional health.(2) The court shall not modify an order that grantsvisitation to a grandparent, great-grandparent, sibling,or step-parent unless it finds by clear and convincingevidence, upon the basis of facts that have arisen sincethe prior visitation order or that were unknown to thecourt at the time of entry of the prior visitation order,that a change has occurred in the circumstances of thechild or his or her parent, and that the modification isnecessary to protect the mental, physical, or emotionalhealth of the child. The court shall state in its decisionspecific findings of fact in support of its modificationor termination of the grandparent, great-grandparent,sibling, or step-parent visitation. A child's parent mayalways petition to modify visitation upon changedcircumstances when necessary to promote the child's bestinterests.(3) Notice of a motion requesting modification of avisitation order shall be provided as set forth insubsection (c) of Section 601.2 of this Act.(4) Attorney's fees and costs shall be assessedagainst a party seeking modification of the visitationorder if the court finds that the modification action isvexatious and constitutes harassment.(e) No child's grandparent, great-grandparent, sibling, orstep-parent, or any person to whom the court is consideringgranting visitation privileges pursuant to subsection (d) ofSection 602.7, who was convicted of any offense involving anillegal sex act perpetrated upon a victim less than 18 yearsof age including, but not limited to, offenses for violationsof Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 111.70, or Article 12 of the Criminal Code of 1961 or theCriminal Code of 2012, is entitled to visitation whileincarcerated or while on parole, probation, conditionaldischarge, periodic imprisonment, or mandatory supervisedrelease for that offense, and upon discharge fromincarceration for a misdemeanor offense or upon discharge fromparole, probation, conditional discharge, periodicFamily Law Legislative UpdateNovember 5, 2015Ch. 4 Page 10

imprisonment, or mandatory supervised release for a felonyoffense. Visitation shall be denied until the personsuccessfully completes a treatment program approved by thecourt. Upon completion of treatment, the court may denyvisitation based on the factors listed in subdivision (b)(5)of Section 607 of this Act.(f) No child's grandparent, great-grandparent, sibling, orstep-parent, or any person to whom the court is consideringgranting visitation privileges pursuant to subsection (d) ofSection 602.7, may be granted visitation if he or she has beenconvicted of first degree murder of a parent, grandparent,great-grandparent, or sibling of the child who is the subjectof the visitation request. Pursuant to a motion to modifyvisitation, the court shall revoke visitation rightspreviously granted to any person who would otherwise beentitled to petition for visitation rights under this Sectionor granted visitation under subsection (d) of Section 602.7,if the person has been convicted of first degree murder of aparent, grandparent, great-grandparent, or sibling of thechild who is the subject of the visitation order. Until anorder is entered pursuant to this subsection, no person mayvisit, with the child present, a person who has been convictedof first degree murder of the parent, grandparent, greatgrandparent, or sibling of the child without the consent ofthe child's parent, other than a parent convicted of firstdegree murder as set forth herein, or legal guardian.(Source: P.A. 99-90, eff. 1-1-16.)Family Law Legislative UpdateNovember 5, 2015Ch. 4 Page 11

Attachment 2Major Modifications and Factors Relating to Parenting TimePresented by: Sally A. Lichtera. Care of Minor Children; Right of First Refusal: 750 ILCS 5/602.3(Text of Section after amendment by P.A. 99-90)Sec. 602.3. Care of minor children; right of firstrefusal.(a) If the court awards parenting time to both parentsunder Section 602.7 or 602.8, the court may consider,consistent with the best interests of the child as defined inSection 602.7, whether to award to one or both of the partiesthe right of first refusal to provide child care for the minorchild or children during the other parent's normal parentingtime, unless the need for child care is attributable to anemergency.(b) As used in this Section, "right of first refusal"means that if a party intends to leave the minor child orchildren with a substitute child-care provider for asignificant period of time, that party must first offer theother party an opportunity to personally care for the minorchild or children. The parties may agree to a right of firstrefusal that is consistent with the best interests of theminor child or children. If there is no agreement and thecourt determines that a right of first refusal is in the bestinterests of the minor child or children, the court shallconsider and make provisions in its order for:(1) the length and kind of child-care requirementsinvoking the right of first refusal;(2) notification to the other parent and for his orher response;(3) transportation requirements; and(4) any other action necessary to protect and promotethe best interest of the minor child or children.(c) The right of first refusal may be enforced underSection 607.5 of this Act.(d) The right of first refusal is terminated upon thetermination of the allocation of parental responsibilities orparenting time.(Source: P.A. 98-462, eff. 1-1-14; 99-90, eff. 1-1-16.)b. Allocation of Parental Responsibilities – Decision Making: 750 ILCS 5/602.5(750 ILCS 5/602.5)(This Section may contain text from a Public Act with adelayed effective date)Sec. 602.5. Allocation of parental responsibilities:decision-making.(a) Generally. The court shall allocate decision-makingresponsibilities according to the child's best interests.Nothing in this Act requires that each parent be allocatedFamily Law Legislative UpdateNovember 5, 2015Ch. 4 Page 12

decision-making responsibilities.(b) Allocation of significant decision-makingresponsibilities. Unless the parents otherwise agree inwriting on an allocation of significant decision-makingresponsibilities, or the issue of the allocation of parentalresponsibilities has been reserved under Section 401, thecourt shall make the determination. The court shall allocateto one or both of the parents the significant decision-makingresponsibility for each significant issue affecting the child.Those significant issues shall include, without limitation,the following:(1) Education, including the choice of schools andtutors.(2) Health, including all decisions relating to themedical, dental, and psychological needs of the child andto the treatments arising or resulting from those needs.(3) Religion, subject to the following provisions:(A) The court shall allocate decision-makingresponsibility for the child's religious upbringing inaccordance with any express or implied agreementbetween the parents.(B) The court shall consider evidence of theparents' past conduct as to the child's religiousupbringing in allocating decision-makingresponsibilities consistent with demonstrated pastconduct in the absence of an express or impliedagreement between the parents.(C) The court shall not allocate any aspect ofthe child's religious upbringing if it determines thatthe parents do not or did not have an express orimplied agreement for such religious upbringing orthat there is insufficient evidence to demonstrate acourse of conduct regarding the child's religiousupbringing that could serve as a basis for any suchorder.(4) Extracurricular activities.(c) Determination of child's best interests. Indetermining the child's best interests for purposes ofallocating significant decision-making responsibilities, thecourt shall consider all relevant factors, including, withoutlimitation, the following:(1) the wishes of the child, taking into account thechild's maturity and ability to express reasoned andindependent preferences as to decision-making;(2) the child's adjustment to his or her home,school, and community;(3) the mental and physical health of all individualsinvolved;(4) the ability of the parents to cooperate to makedecisions, or the level of conflict between the partiesthat may affect their ability to share decision-making;(5) the level of each parent's participation in pastsignificant decision-making with respect to the child;(6) any prior agreement or course of conduct betweenthe parents relating to decision-making with respect tothe child;(7) the wishes of the parents;Family Law Legislative UpdateNovember 5, 2015Ch. 4 Page 13

(8) the child's needs;(9) the distance between the parents' residences, thecost and difficulty of transporting the child, eachparent's and the child's daily schedules, and the abilityof the parents to cooperate in the arrangement;(10) whether a restriction on decision-making isappropriate under Section 603.10;(11) the willingness and ability of each parent tofacilitate and encourage a close and continuingrelationship between the other parent and the child;(12) the physical violence or threat of physicalviolence by the child's parent directed against the child;(13) the occurrence of abuse against the child orother member of the child's household;(14) whether one of the parents is a sex offender,and if so, the exact nature of the offense and what, ifany, treatment in which the parent has successfullyparticipated; and(15) any other factor that the court expressly findsto be relevant.(d) A parent shall have sole responsibility for makingroutine decisions with respect to the child and for emergencydecisions affecting the child's health and safety during thatparent's parenting time.(e) In allocating significant decision-makingresponsibilities, the court shall not consider conduct of aparent that does not affect that parent's relationship to thechild.(Source: P.A. 99-90, eff. 1-1-16.)c. Allocation of Parental Responsibilities – Parenting Time: 750 ILCS 5/602.7(750 ILCS 5/602.7)(This Section may contain text from a Public Act with adelayed effective date)Sec. 602.7. Allocation of parental responsibilities:parenting time.(a) Best interests. The court shall allocate parentingtime according to the child's best interests.(b) Allocation of parenting time. Unless the parentspresent a mutually agreed written parenting plan and that planis approved by the court, the court shall allocate parentingtime. It is presumed both parents are fit and the court shallnot place any restrictions on parenting time as defined inSection 600 and described in Section 603.10, unless it findsby a preponderance of the evidence that a parent's exercise ofparenting time would seriously endanger the child's physical,mental, moral, or emotional health.In determining the child's best interests for purposes ofallocating parenting time, the court shall consider allrelevant factors, including, without limitation, thefollowing:(1) the wishes of each parent seeking parenting time;(2) the wishes of the child, taking into account thechild's maturity and ability t

Modification: 750 ILCS 5/610.5 (formerly 750 ILCS 5/610) 5. Restrictions, Abuse and Miscellaneous Regarding Children presented by David R. Del Re (See Attachment 5) Family Law Legislative Update November 5, 2015 Ch. 4 Page 2. a. Restriction of Parental Responsibilities: 750 ILCS 5/603.