How to Move a Child Out of State During a Separation in Illinois

CAREFUL planning by separating parents for out-of-state moves reduces children's stress

Parents in the process of separating need to carefully consider a number of legal factors when moving children out of Illinois. In the case of legal separation, the same child removal rules apply as for divorced parents. Whether the move is a permanent relocation or a temporary vacation makes a difference in what steps to take. If the requesting custodial parent justifies how the move is in the children's best interests, and negotiates agreeable terms with the remaining parent, many legal complications can be avoided. This saves children undue stress and uncertainty

Instructions

Temporary Move or Vacation

1. Finalize details for your trip well in advance. The requesting parent should make lodging, travel and other arrangements far ahead of any departure deadlines.

2. Ask the other parent for written permission to take the children temporarily out of Illinois or secure a court order permitting the vacation. Under the Illinois Marriage and Dissolution of Marriage Act, the other parent, or his or her legal counsel, must be notified of out-of-state travel plans for the children in advance.

3. Provide the remaining parent with basic information, such as where the children will be staying, contact information, and the children's expected return date.

4. Consult with an attorney if you will need a court order permitting the out-of-state vacation. An experienced attorney can advise the requesting parent of proper legal procedures, security risks, forms and where to file.

Permanent Move

1. Make arrangements far in advance before requesting permission to permanently relocate children out of Illinois.

2. Understand what factors the courts consider in a removal case. Justify how the move will improve the quality of life for the requesting parent and the children. When evaluating if a move is in the children's best interests, the Illinois Supreme Court considers the "Eckert Factors" established in 1988 by the Marriage of Eckert decision.

3. Negotiate mutually beneficial visitation rights, accommodating the needs and schedules of both parents as well as the children.

4. Consult an attorney familiar with Illinois law before attempting to request permanent relocation of children. It is a substantial undertaking and a good lawyer can advise the custodial parent of the proper legal protocols to follow. The Illinois State Bar Association has a referral resource of lawyers by specialty areas.

Tips & Warnings

• Develop evidence to support your removal case that includes a clear comparison of the schools and neighborhoods.

• Reach parental agreement beforehand. A carefully crafted negotiation between parents is essential to a successful move out of Illinois.

• Unauthorized removal of children from Illinois could result in legal penalties and kidnapping charges.

• The other parent can fight the move, causing a difficult legal situation.

References

• IllinoisDivorce.com: Separation
• IllinoisDivorce.com: History of Removal in Illinois
• IllinoisDivorce.com: What It Takes to Succeed at Removal
• IllinoisDivorce.com: Removal Basics (Out-of-State Relocation)
• Divorcenet.com: Out of State Removal of a Minor Child
• Illinois Bar Journal, Feb.1996: Removal of Children in Illinois in Light of Collingbourne and Eckert

Resources

• Illinois Marriage and Dissolution of Marriage Act: Leave to Remove Children
• Illinois Compiled Statutes: Dissolution & Legal Separation
• Illinois Marriage and Dissolution of Marriage Act: Families
• Divorcenet.com: Illinois Interstate and International Custody Disputes
• So. Illinois University: In Re Marriage of Matchen