ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/604.10 (2026)

Interviews; evaluations; investigation

✓ current as of May 2026
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(750 ILCS 5/604.10)
    Sec. 604.10. Interviews; evaluations; investigation.
    (a) Court's interview of child. The court may interview the child in chambers to ascertain the child's wishes as to the allocation of parental responsibilities. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The entire interview shall be recorded by a court reporter. The transcript of the interview shall be filed under seal and released only upon order of the court.
    (b) Court's professional. The court may seek the advice of any professional, whether or not regularly employed by the court, to assist the court in determining the child's best interests. The advice to the court shall be in writing and sent by the professional to counsel for the parties and to the court not later than 60 days before the date on which the trial court reasonably anticipates the hearing on the allocation of parental responsibilities will commence. The court may review the writing upon receipt. The writing may be admitted into evidence without testimony from its author, unless a party objects. A professional consulted by the court shall testify as the court's witness and be subject to cross-examination. The court shall order all costs and fees of the professional to be paid by one or more of the parties, subject to reallocation in accordance with subsection (a) of Section 508.
    The professional's report must, at a minimum, set forth the following:
        (1) a description of the procedures employed during
    
the evaluation;
        (2) a report of the data collected;
        (3) all test results;
        (4) any conclusions of the professional relating to
    
the allocation of parental responsibilities under Sections 602.5 and 602.7;
        (5) any recommendations of the professional
    
concerning the allocation of parental responsibilities or the child's relocation; and
        (6) an explanation of any limitations in the
    
evaluation or any reservations of the professional regarding the resulting recommendations.
    (c) Evaluation by a party's retained professional. In a proceeding to allocate parental responsibilities or to relocate a child, upon notice and motion made by a parent or any party to the litigation within a reasonable time before trial, the court shall order an evaluation to assist the court in determining the child's best interests unless the court finds that an evaluation under this Section is untimely or not in the best interests of the child. The evaluation may be in place of or in addition to any advice given to the court by a professional under subsection (b). A motion for an evaluation under this subsection must, at a minimum, identify the proposed evaluator and the evaluator's specialty or discipline. An order for an evaluation under this subsection must set forth the evaluator's name, address, and telephone number and the time, place, conditions, and scope of the evaluation. No person shall be required to travel an unreasonable distance for the evaluation. The party requesting the evaluation shall pay the evaluator's fees and costs unless otherwise ordered by the court.
    The evaluator's report must, at a minimum, set forth the following:
        (1) a description of the procedures employed during
    
the evaluation;
        (2) a report of the data collected;
        (3) all test results;
        (4) any conclusions of the evaluator relating to the
    
allocation of parental responsibilities under Sections 602.5 and 602.7;
        (5) any recommendations of the evaluator concerning
    
the allocation of parental responsibilities or the child's relocation; and
        (6) an explanation of any limitations in the
    
evaluation or any reservations of the evaluator regarding the resulting recommendations.
    A party who retains a professional to conduct an evaluation under this subsection shall cause the evaluator's written report to be sent to the attorneys of record no less than 60 days before the hearing on the allocation of parental responsibilities, unless otherwise ordered by the court; if a party fails to comply with this provision, the court may not admit the evaluator's report into evidence and may not allow the evaluator to testify.
    The party calling an evaluator to testify at trial shall disclose the evaluator as a controlled expert witness in accordance with the Supreme Court Rules.
    Any party to the litigation may call the evaluator as a witness. That party shall pay the evaluator's fees and costs for testifying, unless otherwise ordered by the court.
    (d) Investigation. Upon notice and a motion by a parent or any party to the litigation, or upon the court's own motion, the court may order an investigation and report to assist the court in allocating parental responsibilities. The investigation may be made by any agency, private entity, or individual deemed appropriate by the court. The agency, private entity, or individual appointed by the court must have expertise in the area of allocation of parental responsibilities. The court shall specify the purpose and scope of the investigation.
    The investigator's report must, at a minimum, set forth the following:
        (1) a description of the procedures employed during
    
the investigation;
        (2) a report of the data collected;
        (3) all test results;
        (4) any conclusions of the investigator relating to
    
the allocation of parental responsibilities under Sections 602.5 and 602.7;
        (5) any recommendations of the investigator
    
concerning the allocation of parental responsibilities or the child's relocation; and
        (6) an explanation of any limitations in the
    
investigation or any reservations of the investigator regarding the resulting recommendations.
    The investigator shall send his or her report to all attorneys of record, and to any party not represented, at least 60 days before the hearing on the allocation of parental responsibilities. The court shall examine and consider the investigator's report only after it has been admitted into evidence or after the parties have waived their right to cross-examine the investigator.
    The investigator shall make available to all attorneys of record, and to any party not represented, the investigator's file, and the names and addresses of all persons whom the investigator has consulted, except that if such disclosure would risk abuse to the party or any member of the party's immediate family or household or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from the report. Any party to the proceeding may call the investigator, or any person consulted by the investigator as a court's witness, for cross-examination. No fees shall be paid for any investigation by a governmental agency. The fees incurred by any other investigator shall be allocated in accordance with Section 508.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)

    
Notes of Decisions
Cited in 51 cases (42 in the last 5 years), 2019–2026 · leading case: In re Parentage of K.E., 2022 IL App (5th) 210236 (Ill. App. Ct. 2022).
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In re Parentage of K.E., 2022 IL App (5th) 210236 (Ill. App. Ct. 2022). · cites it 5× “10 of the Marriage Act (750 ILCS 5/604.10 (West 2016)), which provided the statutory authority to have a court- appointed expert evaluate the parties.”
In re Marriage of Jessica F., 2024 IL App (4th) 231264 (Ill. App. Ct. 2024). · cites it 2× “) 750 ILCS 5/604.10(a) (West 2022). The statute’s use of “may” makes the decision of whether to interview a child in camera a matter within the court’s sound discretion.”
In re Marriage of Levites, 2021 IL App (2d) 200552 (Ill. App. Ct. 2021). “10(b) of the Act (750 ILCS 5/604.10(b) (West 2018))]. So there isn’t a lot of money.”
E.A. v. Mary Gardner, 929 F.3d 922 (7th Cir. 2019). “See 750 ILCS 5/604.10(d). Gardner concluded that Alden was using "severe alienation tactics" to drive a wedge between Alden's children and their mother.”
In re Marriage of Doe, 2024 IL App (1st) 230935 (Ill. App. Ct. 2024). “” 750 ILCS 5/604.10(a) (West 2022). However, the “purpose of the in camera interview procedure is to permit the court to ascertain the [child’s] preferences free from the pressures and acrimony of open court.”
In re Marriage of Watson, 2022 IL App (2d) 210137 (Ill. App. Ct. 2022). “28, 2011); 750 ILCS 5/604(b) (West 2012) (now 750 ILCS 5/604.10(b))), Stephanie had a previously undiagnosed bipolar disorder and alcohol-use disorder.”
In re Marriage of Turner, 2023 IL App (3d) 220398-U (Ill. App. Ct. 2023). · cites it 3× “10(b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/604.10(b) (West 2020)). In May 2021, Alex filed a petition to set a temporary parenting schedule.”
In re Marriage of Kenney, 2023 IL App (1st) 221558-U (Ill. App. Ct. 2023). “” 750 ILCS 5/604.10(b) (West 2018). Following the statute, the court employed Dr.”
In re Marriage of Kenney, 2023 IL App (1st) 221558 (Ill. App. Ct. 2023). “” 750 ILCS 5/604.10(b) (West 2018). Following the statute, the court employed Dr.”
In re Marriage of Salbi, 2024 IL App (2d) 240322-U (Ill. App. Ct. 2024). · cites it 2× “10(b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/604.10(b) (West 2022)) after learning that S.”
Hampton v. Williams, 2023 IL App (1st) 220942-U (Ill. App. Ct. 2023). “10 of the Illinois Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/604.10 (West 2020)) with Dr. Steve Farmilant to address the “mental & emotional health of all parties, reunification between father & -7- No.”
Andersen v. Gimbel, 2019 IL App (1st) 190159-U (Ill. App. Ct. 2019). “10(b) of the Illinois Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/604.10 (West 2016)). After reviewing 6 Dr.”
Show all 51 citing cases →
— 750 ILCS 5/604.10(a) — 7 cases
In re Marriage of Jessica F., 2024 IL App (4th) 231264 (Ill. App. Ct. 2024). “) 750 ILCS 5/604.10(a) (West 2022). The statute’s use of “may” makes the decision of whether to interview a child in camera a matter within the court’s sound discretion.”
In re Marriage of Doe, 2024 IL App (1st) 230935 (Ill. App. Ct. 2024). “” 750 ILCS 5/604.10(a) (West 2022). However, the “purpose of the in camera interview procedure is to permit the court to ascertain the [child’s] preferences free from the pressures and acrimony of open court.”
Cain v. Foster, 2025 IL App (5th) 241123-U (Ill. App. Ct. 2025).
Adam V. v. Victoria W., 2022 IL App (5th) 200187-U (Ill. App. Ct. 2022).
In re Marriage of Barnett, 2023 IL App (2d) 220284-U (Ill. App. Ct. 2023).
— 750 ILCS 5/604.10(b) — 31 cases
In re Marriage of Levites, 2021 IL App (2d) 200552 (Ill. App. Ct. 2021). “10(b) of the Act (750 ILCS 5/604.10(b) (West 2018))]. So there isn’t a lot of money.”
In re Parentage of K.E., 2022 IL App (5th) 210236 (Ill. App. Ct. 2022). “10 of the Marriage Act (750 ILCS 5/604.10 (West 2016)), which provided the statutory authority to have a court- appointed expert evaluate the parties.”
In re Marriage of Watson, 2022 IL App (2d) 210137 (Ill. App. Ct. 2022). “28, 2011); 750 ILCS 5/604(b) (West 2012) (now 750 ILCS 5/604.10(b))), Stephanie had a previously undiagnosed bipolar disorder and alcohol-use disorder.”
In re Marriage of Turner, 2023 IL App (3d) 220398-U (Ill. App. Ct. 2023). “10(b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/604.10(b) (West 2020)). In May 2021, Alex filed a petition to set a temporary parenting schedule.”
In re Marriage of Kenney, 2023 IL App (1st) 221558-U (Ill. App. Ct. 2023). “” 750 ILCS 5/604.10(b) (West 2018). Following the statute, the court employed Dr.”
— 750 ILCS 5/604.10(c) — 6 cases
In re Marriage of Gorr, 2024 IL App (3d) 230412 (Ill. App. Ct. 2024).
In re Marriage of Dickinson, 2021 IL App (5th) 200263-U (Ill. App. Ct. 2021).
In re Marriage of Vermaaten, 2024 IL App (2d) 220351-U (Ill. App. Ct. 2024).
In re Marriage of Lemke, 2021 IL App (2d) 210168-U (Ill. App. Ct. 2021).
In re Marriage of Ebenezer, 2025 IL App (3d) 240557-U (Ill. App. Ct. 2025).
— 750 ILCS 5/604.10(d) — 2 cases
E.A. v. Mary Gardner, 929 F.3d 922 (7th Cir. 2019). “See 750 ILCS 5/604.10(d). Gardner concluded that Alden was using "severe alienation tactics" to drive a wedge between Alden's children and their mother.”
E.A. v. Mary Gardner (7th Cir. 2019).
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