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Illinois Parentage Act of 1984 - 750 ILCS 45, Section 13.5

Legal Research Home > Illinois Lawyer > Illinois Parentage Act of 1984 > Illinois Parentage Act of 1984 - 750 ILCS 45, Section 13.5

Injunctive relief.

(a) In any action brought under this Act for the initial determination of custody or visitation of a child or for modification of a prior custody or visitation order, the court, upon application of any party, may enjoin a party having physical possession or custody of a child from temporarily or permanently removing the child from Illinois pending the adjudication of the issues of custody and visitation. When deciding whether to enjoin removal of a child, the Court shall consider the following factors including, but not limited to:

(1) the extent of previous involvement with the child by the party seeking to enjoin removal; (2) the likelihood that parentage will be established; and (3) the impact on the financial, physical, and emotional health of the party being enjoined from removing the child. (b) Injunctive relief under this Act shall be governed by the relevant provisions of the Code of Civil Procedure.

(c) Notwithstanding the provisions of subsection (a), the court may decline to enjoin a domestic violence victim having physical possession or custody of a child from temporarily or permanently removing the child from Illinois pending the adjudication of the issues of custody and visitation. In determining whether a person is a domestic violence victim, the court shall consider the following factors:

(1) a sworn statement by the person that the person has good reason to believe that he or she is the victim of domestic violence or stalking; (2) a sworn statement that the person fears for his or her safety or the safety of his or her children; (3) evidence from police, court or other government agency records or files; (4) documentation from a domestic violence program if the person is alleged to be a victim of domestic violence; (5) documentation from a legal, clerical, medical, or other professional from whom the person has sought assistance in dealing with the alleged domestic violence; and (6) any other evidence that supports the sworn statements, such as a statement from any other individual with knowledge of the circumstances that provides the basis for the claim, or physical evidence of the act or acts of domestic violence. (Source: P.A. 93-139, eff. 7-10-03.)

Last modified: April 7, 2006