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IL Relocation Statute - Removal of Children

Naperville, IL |

Should Marital Settlement Agreements specify relocation guidelines for a case -- or is it more common for Courts to rule based on IL Relocation Statute and not necessary to include in Marital Settlement Agreement?

Attorney Answers 3


  1. If a parent wishes to remove a child from Illinois, absent an agreement, he/she must file a Petition seeking removal. It is not necessary to include in a Settlement Agreement.


  2. A Petition under Illinois law is required to take children out of the state should an Illinois parent desire to move away with the children that are subject to a court order of child custody. No agreement between parents in advance is likely to pass judicial muster.


  3. A parent cannot move out of IL with a minor child unless a court order allows for same. So you don't need that language in the MSA. It doesn't hurt you to have it but you don't need it.