750 ILCS 5/609.2
Parent's relocation
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(750 ILCS 5/609.2)
Sec. 609.2. Parent's relocation.
(a) A parent's relocation constitutes a substantial change in circumstances for purposes of Section 610.5. (b) A parent who has been allocated a majority of parenting time or either parent who has been allocated equal parenting time may seek to relocate with a child. (c) A parent intending a relocation, as that term is defined in paragraph (1), (2), or (3) of subsection (g) of Section 600 of this Act, must provide written notice of the relocation to the other parent under the parenting plan or allocation judgment. A copy of the notice required under this Section shall be filed with the clerk of the circuit court. The court may waive or seal some or all of the information required in the notice if there is a history of domestic violence. (d) The notice must provide at least 60 days' written notice before the relocation unless such notice is impracticable (in which case written notice shall be given at the earliest date practicable) or unless otherwise ordered by the court. At a minimum, the notice must set forth the following: (1) the intended date of the parent's relocation; (2) the address of the parent's intended new | residence, if known; and |
(3) the length of time the relocation will last, if | the relocation is not for an indefinite or permanent period. |
The court may consider a parent's failure to comply with the notice requirements of this Section without good cause (i) as a factor in determining whether the parent's relocation is in good faith; and (ii) as a basis for awarding reasonable attorney's fees and costs resulting from the parent's failure to comply with these provisions. (e) If the non-relocating parent signs the notice that was provided pursuant to subsection (c) and the relocating parent files the notice with the court, relocation shall be allowed without any further court action. The court shall modify the parenting plan or allocation judgment to accommodate a parent's relocation as agreed by the parents, as long as the agreed modification is in the child's best interests. (f) If the non-relocating parent objects to the relocation, fails to sign the notice provided under subsection (c), or the parents cannot agree on modification of the parenting plan or allocation judgment, the parent seeking relocation must file a petition seeking permission to relocate. (g) The court shall modify the parenting plan or allocation judgment in accordance with the child's best interests. The court shall consider the following factors: (1) the circumstances and reasons for the intended | relocation; |
(2) the reasons, if any, why a parent is objecting to | the intended relocation; |
(3) the history and quality of each parent's | relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment; |
(4) the educational opportunities for the child at | the existing location and at the proposed new location; |
(5) the presence or absence of extended family at the | existing location and at the proposed new location; |
(6) the anticipated impact of the relocation on the | child; |
(7) whether the court will be able to fashion a | reasonable allocation of parental responsibilities between all parents if the relocation occurs; |
(8) the wishes of the child, taking into account the | child's maturity and ability to express reasoned and independent preferences as to relocation; |
(9) possible arrangements for the exercise of | parental responsibilities appropriate to the parents' resources and circumstances and the developmental level of the child; |
(10) minimization of the impairment to a parent-child | relationship caused by a parent's relocation; and |
(11) any other relevant factors bearing on the | child's best interests. |
(h) If a parent moves with the child 25 miles or less from the child's current primary residence to a new primary residence outside Illinois, Illinois continues to be the home state of the child under subsection (c) of Section 202 of the Uniform Child-Custody Jurisdiction and Enforcement Act. Any subsequent move from the new primary residence outside Illinois greater than 25 miles from the child's original primary residence in Illinois must be in compliance with the provisions of this Section.
(Source: P.A. 99-90, eff. 1-1-16.) Notes of Decisions
Cited in 68
cases (44 in the last 5 years), 2016–2026 · leading case: In re Marriage of Kavchak
In re Marriage of Kavchak (2018)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.”
In re Marriage of Levites (2021)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) (hereinafter sometimes referred to as the relocation statute) (750 ILCS 5/609.2 (West 2018)). As this is relevant to respondent’s contentions, we excerpt the court’s comments in full on this topic: - 17 - 2021 IL…”
In re Custody of G.L. (2017)
“750 ILCS 5/609.2 (West Supp. 2015). The parent must first provide written notice of the intent to relocate to the other parent and file that notice with the court.”
In re Custody of G.L. (2017)
“750 ILCS 5/609.2 (West Supp. 2015). The parent must first provide written notice of the intent to relocate to the other parent and file that notice with the court.”
In re Marriage of Kenney (2023)
“2(d) (see 750 ILCS 5/609.2(d) (West 2018)) and instead simply declared that Amber “relocated with good cause.”
In re Marriage of Adams (2017)
“2 of the Act ( 750 ILCS 5/609.2 (West 2016) (effective January 1, 2016)).”
In re Marriage of Adams (2018)
“2 of the Act (750 ILCS 5/609.2 (West 2016)). It also alleged that the mother enrolled the children in a school in Belleville without consulting with the father.”
In re Parentage of P.D. (2017)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Dissolution Act) (750 ILCS 5/609.2 (West 2016)), seeking to remove P.”
In re Marriage of Fatkin (2019)
“2(f) of the Illinois Marriage and Dissolution of Marriage Act (the Marriage Act) ( 750 ILCS 5/609.2(f) (West 2016) ). ¶ 6 The trial court conducted a three-day hearing on Todd's petition to relocate, and both parties presented evidence and testimony.”
In re Parentage of P.D. (2017)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Dissolution Act) (750 ILCS 5/609.2 (West Supp. 2015)), seeking to remove P.”
In re Marriage of Fatkin (2019)
“2(f) of the Illinois Marriage and Dissolution of Marriage Act (the Marriage Act) (750 ILCS 5/609.2(f) (West 2016)). ¶6 The trial court conducted a three-day hearing on Todd’s petition to relocate, and both parties presented evidence and testimony.”
Scott v. Haritos (2022)
“2(g) of the Marriage Act sets forth the standards the trial court must use in determining the child’s best interests in a relocation request: “The court shall modify the parenting plan or allocation judgment in accordance with the child’s best interests.”
— 750 ILCS 5/609.2(a) — 6 cases
In re Marriage of Adams (2017)
“2 of the Act ( 750 ILCS 5/609.2 (West 2016) (effective January 1, 2016)).”
In re Marriage of Adams (2018)
“2 of the Act (750 ILCS 5/609.2 (West 2016)). It also alleged that the mother enrolled the children in a school in Belleville without consulting with the father.”
In re Marriage of Whitney H. (2021)
In re Parentage of L.C. (2023)
In re Marriage of Y.S. (2020)
— 750 ILCS 5/609.2(b) — 10 cases
In re Marriage of Mehta (2024)
In re Parentage of A.E.C. (2020)
Tyler A.Z. v. Lauren A.R. (2021)
In re Marriage of Whitney H. (2021)
In re Parentage of L.C. (2023)
— 750 ILCS 5/609.2(c) — 11 cases
In re Marriage of Levites (2021)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) (hereinafter sometimes referred to as the relocation statute) (750 ILCS 5/609.2 (West 2018)). As this is relevant to respondent’s contentions, we excerpt the court’s comments in full on this topic: - 17 - 2021 IL…”
In re Custody of G.L. (2017)
“750 ILCS 5/609.2 (West Supp. 2015). The parent must first provide written notice of the intent to relocate to the other parent and file that notice with the court.”
In re Custody of G.L. (2017)
“750 ILCS 5/609.2 (West Supp. 2015). The parent must first provide written notice of the intent to relocate to the other parent and file that notice with the court.”
In re Marriage of Levites (2021)
In re Guardianship of J.O. (2025)
— 750 ILCS 5/609.2(d) — 7 cases
In re Marriage of Kenney (2023)
“2(d) (see 750 ILCS 5/609.2(d) (West 2018)) and instead simply declared that Amber “relocated with good cause.”
In re Marriage of Kenney (2023)
In re Parentage of A.E.C. (2020)
Siegel v. Siegel (2021)
Adams v. Ogunoshun (2024)
— 750 ILCS 5/609.2(e) — 1 case
In re Marriage of Whitney H. (2021)
— 750 ILCS 5/609.2(f) — 16 cases
In re Marriage of Levites (2021)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) (hereinafter sometimes referred to as the relocation statute) (750 ILCS 5/609.2 (West 2018)). As this is relevant to respondent’s contentions, we excerpt the court’s comments in full on this topic: - 17 - 2021 IL…”
In re Custody of G.L. (2017)
“750 ILCS 5/609.2 (West Supp. 2015). The parent must first provide written notice of the intent to relocate to the other parent and file that notice with the court.”
In re Custody of G.L. (2017)
“750 ILCS 5/609.2 (West Supp. 2015). The parent must first provide written notice of the intent to relocate to the other parent and file that notice with the court.”
In re Marriage of Fatkin (2019)
“2(f) of the Illinois Marriage and Dissolution of Marriage Act (the Marriage Act) ( 750 ILCS 5/609.2(f) (West 2016) ). ¶ 6 The trial court conducted a three-day hearing on Todd's petition to relocate, and both parties presented evidence and testimony.”
In re Marriage of Fatkin (2019)
“2(f) of the Illinois Marriage and Dissolution of Marriage Act (the Marriage Act) (750 ILCS 5/609.2(f) (West 2016)). ¶6 The trial court conducted a three-day hearing on Todd’s petition to relocate, and both parties presented evidence and testimony.”
— 750 ILCS 5/609.2(g) — 42 cases
In re Marriage of Kavchak (2018)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.”
In re Custody of G.L. (2017)
“750 ILCS 5/609.2 (West Supp. 2015). The parent must first provide written notice of the intent to relocate to the other parent and file that notice with the court.”
In re Parentage of P.D. (2017)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Dissolution Act) (750 ILCS 5/609.2 (West 2016)), seeking to remove P.”
In re Custody of G.L. (2017)
“750 ILCS 5/609.2 (West Supp. 2015). The parent must first provide written notice of the intent to relocate to the other parent and file that notice with the court.”
In re Marriage of Fatkin (2019)
“2(f) of the Illinois Marriage and Dissolution of Marriage Act (the Marriage Act) ( 750 ILCS 5/609.2(f) (West 2016) ). ¶ 6 The trial court conducted a three-day hearing on Todd's petition to relocate, and both parties presented evidence and testimony.”
— 750 ILCS 5/609.2(g)(1) — 8 cases
In re Marriage of Kavchak (2018)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.”
In re Marriage of Kenney (2023)
“2(d) (see 750 ILCS 5/609.2(d) (West 2018)) and instead simply declared that Amber “relocated with good cause.”
Williams v. Williams (2018)
In re Marriage of Belt (2026)
Williams v. Williams (2018)
— 750 ILCS 5/609.2(g)(10) — 4 cases
In re Marriage of Kavchak (2018)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.”
In re Marriage of Kenney (2023)
“2(d) (see 750 ILCS 5/609.2(d) (West 2018)) and instead simply declared that Amber “relocated with good cause.”
In re Marriage of Erikson (2024)
In re Marriage of Belt (2026)
— 750 ILCS 5/609.2(g)(11) — 4 cases
In re Marriage of Kavchak (2018)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.”
In re Marriage of Mardi L.A. (2023)
In re S.Y. (2025)
In re Marriage of Belt (2026)
— 750 ILCS 5/609.2(g)(2) — 4 cases
In re Marriage of Kavchak (2018)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.”
In re Marriage of Kenney (2023)
“2(d) (see 750 ILCS 5/609.2(d) (West 2018)) and instead simply declared that Amber “relocated with good cause.”
In re Marriage of Belt (2026)
In re S.Y. (2025)
— 750 ILCS 5/609.2(g)(3) — 6 cases
In re Marriage of Kavchak (2018)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.”
In re Marriage of Levites (2021)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) (hereinafter sometimes referred to as the relocation statute) (750 ILCS 5/609.2 (West 2018)). As this is relevant to respondent’s contentions, we excerpt the court’s comments in full on this topic: - 17 - 2021 IL…”
In re Marriage of Kenney (2023)
“2(d) (see 750 ILCS 5/609.2(d) (West 2018)) and instead simply declared that Amber “relocated with good cause.”
In re Marriage of Levites (2021)
In re S.Y. (2025)
— 750 ILCS 5/609.2(g)(4) — 4 cases
In re Marriage of Kavchak (2018)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.”
In re Marriage of Kenney (2023)
“2(d) (see 750 ILCS 5/609.2(d) (West 2018)) and instead simply declared that Amber “relocated with good cause.”
In re S.Y. (2025)
In re Marriage of Belt (2026)
— 750 ILCS 5/609.2(g)(5) — 3 cases
In re Marriage of Kavchak (2018)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.”
In re S.Y. (2025)
In re Marriage of Belt (2026)
— 750 ILCS 5/609.2(g)(6) — 3 cases
In re Marriage of Kavchak (2018)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.”
In re Marriage of Kenney (2023)
“2(d) (see 750 ILCS 5/609.2(d) (West 2018)) and instead simply declared that Amber “relocated with good cause.”
In re Marriage of Belt (2026)
— 750 ILCS 5/609.2(g)(7) — 3 cases
In re Marriage of Kavchak (2018)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.”
In re Marriage of Kenney (2023)
“2(d) (see 750 ILCS 5/609.2(d) (West 2018)) and instead simply declared that Amber “relocated with good cause.”
In re Marriage of Belt (2026)
— 750 ILCS 5/609.2(g)(8) — 1 case
In re Marriage of Kenney (2023)
“2(d) (see 750 ILCS 5/609.2(d) (West 2018)) and instead simply declared that Amber “relocated with good cause.”
— 750 ILCS 5/609.2(g)(9) — 2 cases
In re Marriage of Kavchak (2018)
“2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.”
In re S.Y. (2025)
— 750 ILCS 5/609.2(h) — 1 case
In re Marriage of Kenney (2023)
“2(d) (see 750 ILCS 5/609.2(d) (West 2018)) and instead simply declared that Amber “relocated with good cause.”
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