This is another provision of the Illinois law that has recently changed. It did not make much sense under the old law that a residential parent could move a child or children to the far parts of Illinois, such as Carbondale, a six-hour drive from the Kane County area, and do so without court permission or involvement of the other party, but needed this type of permission to move to Gary, Indiana, a 1 hour drive. This has now changed.
Any relocation that will affect the nonresidential parents ability to visit with their child or children now requires leave of court. A specific procedure is now in place to get this matter before the court. We all recognize that we are a mobile society, people have to move for many reasons not the least of which is employment. Many factors enter into whether this permission will be granted including the level of involvement of the nonresidential parent with their child or children, how future visitation would be facilitated, etc. Preparing for and presenting evidence of these factors is complicated but necessary in order to be successful.
If our office can be of assistance to you in this regard, please contact us for our free consultation, and please bring your file with you can so that we can be most effective in providing information to you. Thank you.