If my 2014 agreement has a permanent removal provision that refers to 750/ILCS 6/609 that states that "kids will not be allowed to be removed out of the state Illinois without the other parent's written agreement".
If in 2017 I want to move within Illinois 38 miles away from current residence (I live in Lake County) do I now need my ex-spouses consent under the new 2016 law? could my old provision be grandfathered as its the one reflected in my JPA and agreed upon?
Relocation (the new statutory term) is the same as removal (the former statutory term). The information presented does not indicate whether you have primary parenting time with the children, but I will assume that you are asking the question because you do. The new statute regarding relocation will apply, and you should consult with an experienced divorce and family law attorney regarding your relocation issues, as a case will need to be filed for the court to decide this matter absent your ex-spouse's consent, and this is not a do it yourself project. Best of luck.
The responses provided here do not constitute legal advice and are not a substitute for legal advice. Please consult an experienced divorce and family law attorney for additional information.
Nope, new law applies. You can thank the genius minds in Springfield for doing that for relocation, I'm a bigger fan of grandfathering because so many people haven't gotten the memo, and it's clogging up a few of our courts because of that. Only one's benefiting are the lawyers who now have a new category of clients knocking at their door - just my 2 cents.
unfortunately, you must now comply with 750 ills 5/609.2. must give him the requisite notice with all the info required by statute in it. he has 60 days to respond.
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