ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/609 (2026)

(Repealed)

✓ current as of May 2026
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(750 ILCS 5/609) (from Ch. 40, par. 609)
    Sec. 609. (Repealed).
(Source: P.A. 96-331, eff. 1-1-10. Repealed by P.A. 99-90, eff. 1-1-16.)

    
Notes of Decisions
Cited in 97 cases (5 in the last 5 years), 1994–2026 · leading case: Fisher v. Waldrop, 849 N.E.2d 334 (Ill. 2006).
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Fisher v. Waldrop, 849 N.E.2d 334 (Ill. 2006). · cites it 10× “Shortly thereafter, Waldrop filed a petition pursuant to section 609 of the Illinois Marriage and Dissolution of Marriage Act (the Marriage Act) (750 ILCS 5/609 (West 2004)) for leave to remove Callie from Illinois.”
In Re Marriage of Collingbourne, 791 N.E.2d 532 (Ill. 2003). · cites it 6× “The court stated that its ruling was guided by the requirements of section 609 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609 (West 2000)) as well as this court’s decision in In re Marriage of Eckert, 119 Ill.”
In Re Marriage of Sobol, 796 N.E.2d 183 (Ill. App. Ct. 2003). · cites it 10× “Petitioner asserts that this case is similar to a removal case under section 609 of the Act (750 ILCS 5/609 (West 2000)). Pursuant to section 609, a court may grant leave to the minor children's custodial parent to remove such children from Illinois whenever such removal is in…”
In re Marriage of Kavchak, 2018 IL App (2d) 170853 (Ill. App. Ct. 2018). · cites it 4× “2(g) (750 ILCS 5/609/2(g)(8) (West 2016) ) concerns "the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to relocation.”
In Re Marriage of Matchen, 866 N.E.2d 683 (Ill. App. Ct. 2007). · cites it 6× “" The court found there was no evidence to suggest that respondent's motives in seeking removal were to frustrate petitioner's visitation, or that petitioner's objection to the removal was motivated by anything other than genuine concern for his relationship with the children.”
In Re Marriage of Bhati & Singh, 920 N.E.2d 1147 (Ill. App. Ct. 2009). · cites it 5× “The burden of proving that such removal is in the best interests of such child or children is on the party seeking the removal.”
In re Marriage of Levites, 2021 IL App (2d) 200552 (Ill. App. Ct. 2021). · cites it 3× “Accordingly, we conclude that we have jurisdiction over this appeal and now turn to respondent’s substantive contentions. ¶ 51 B. Burden of Proof ¶ 52 Respondent argues that the trial court erred in its application of section 609.”
In Re Marriage of Lange, 717 N.E.2d 507 (Ill. App. Ct. 1999). · cites it 10× “The premise for the argument that the trial court did not have the authority to enter its order was based on the belief that the only statute authorizing the trial court to address removal of children was section 609 of the Marriage Act (750 ILCS 5/609 (West 1996)). Here,…”
In Re Marriage of Stahl, 810 N.E.2d 259 (Ill. App. Ct. 2004). · cites it 8× “) Following the trial court's ruling, Lisa filed a timely notice of appeal.”
Martinez v. Cahue, 826 F.3d 983 (7th Cir. 2016). · cites it 3× “2d 434, 439 (2009) (holding that where there is no custody order, a mother need not seek permission under 750 ILCS 5/609 (2013) to leave the state).”
R.B.P. v. Lowery, 915 N.E.2d 434 (Ill. App. Ct. 2009). · cites it 6× “Respondent, Traci Lowery, appeals, claiming the trial court erred in granting petitioner’s motion as she was not required to seek judicial permission prior to leaving the state with the minor child and the court improperly applied section 609 of the Illinois Marriage and…”
In Re Marriage of Krivi, 670 N.E.2d 1162 (Ill. App. Ct. 1996). · cites it 4× “Removal Of The Children To Minnesota "With the increased number of parents who are divorced and the increasing mobility of society, divorced or legally separated custodial parents frequently seek to move out of the jurisdiction that granted the divorce to another jurisdiction.”
Show all 97 citing cases →
— 750 ILCS 5/609(a) — 69 cases
Fisher v. Waldrop, 849 N.E.2d 334 (Ill. 2006). “Shortly thereafter, Waldrop filed a petition pursuant to section 609 of the Illinois Marriage and Dissolution of Marriage Act (the Marriage Act) (750 ILCS 5/609 (West 2004)) for leave to remove Callie from Illinois.”
In Re Marriage of Collingbourne, 791 N.E.2d 532 (Ill. 2003). “The court stated that its ruling was guided by the requirements of section 609 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609 (West 2000)) as well as this court’s decision in In re Marriage of Eckert, 119 Ill.”
In Re Marriage of Matchen, 866 N.E.2d 683 (Ill. App. Ct. 2007). “" The court found there was no evidence to suggest that respondent's motives in seeking removal were to frustrate petitioner's visitation, or that petitioner's objection to the removal was motivated by anything other than genuine concern for his relationship with the children.”
In Re Marriage of Bhati & Singh, 920 N.E.2d 1147 (Ill. App. Ct. 2009). “The burden of proving that such removal is in the best interests of such child or children is on the party seeking the removal.”
In Re Marriage of Stahl, 810 N.E.2d 259 (Ill. App. Ct. 2004). “) Following the trial court's ruling, Lisa filed a timely notice of appeal.”
— 750 ILCS 5/609(b) — 1 case
In re Marriage of Adler, 2020 IL App (3d) 190202-U (Ill. App. Ct. 2020).
— 750 ILCS 5/609(c) — 5 cases
In re Marriage of Dorfman, 2011 IL App (3d) 110099 (Ill. App. Ct. 2011).
In re: Marriage of Tedrick, 2015 IL App (4th) 140773 (Ill. App. Ct. 2015).
In re: Marriage of Tedrick, 2015 IL App (4th) 140773 (Ill. App. Ct. 2015).
In Re Marriage of Dorfman, 956 N.E.2d 1040 (Ill. App. Ct. 2011).
In Re Marriage of Coulter, 964 N.E.2d 1159 (Ill. App. Ct. 2012).
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