Sec. 607.5. Abuse of allocated parenting time.

997 words·~5 min read·/il/chapter-750/act-5/607-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The court shall provide an expedited procedure for the enforcement of allocated parenting time.

(b)An action for the enforcement of allocated parenting time may be commenced by a parent or a person appointed under Section 506 by filing a petition setting forth:

(i)the petitioner's name and residence address or mailing address, except that if the petition states that disclosure of petitioner's address would risk abuse of petitioner or any member of petitioner's family or household or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from the petition;

(ii)the respondent's name and place of residence, place of employment, or mailing address;

(iii)the terms of the parenting plan or allocation judgment then in effect;

(iv)the nature of the violation of the allocation of parenting time, giving dates and other relevant information; and

(v)that a reasonable attempt was made to resolve the dispute.

(c)If the court finds by a preponderance of the evidence that a parent has not complied with allocated parenting time according to an approved parenting plan or a court order, the court, in the child's best interests, shall issue an order that may include one or more of the following:

(1)an imposition of additional terms and conditions consistent with the court's

previous allocation of parenting time or other order;

(2)a requirement that either or both of the parties attend a parental education program

at the expense of the non-complying parent;

(3)upon consideration of all relevant factors, particularly a history or possibility of

domestic violence, a requirement that the parties participate in family or individual counseling, the expense of which shall be allocated by the court. Counseling ordered under this Section is subject to the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act of 1996;

(4)a requirement that the non-complying parent post a cash bond or other security to

ensure future compliance, including a provision that the bond or other security may be forfeited to the other parent for payment of expenses on behalf of the child as the court shall direct;

(5)a requirement that makeup parenting time be provided for the aggrieved parent or

child under the following conditions:

(A)that the parenting time is of the same type and duration as the parenting time

that was denied, including but not limited to parenting time during weekends, on holidays, and on weekdays and during times when the child is not in school;

(B)that the parenting time is made up within 6 months after the noncompliance

occurs, unless the period of time or holiday cannot be made up within 6 months, in which case the parenting time shall be made up within one year after the noncompliance occurs;

(6)a finding that the non-complying parent is in contempt of court;

(7)an imposition on the non-complying parent of an appropriate civil fine per incident

of denied parenting time;

(8)a requirement that the non-complying parent reimburse the other parent for all

reasonable expenses incurred as a result of the violation of the parenting plan or court order; and

(9)any other provision that may promote the child's best interests.

(d)In addition to any other order entered under subsection (c), except for good cause shown, the court shall order a parent who has failed to provide allocated parenting time or to exercise allocated parenting time to pay the aggrieved party his or her reasonable attorney's fees, court costs, and expenses associated with an action brought under this Section. If the court finds that the respondent in an action brought under this Section has not violated the allocated parenting time, the court may order the petitioner to pay the respondent's reasonable attorney's fees, court costs, and expenses incurred in the action.

(e)Nothing in this Section precludes a party from maintaining any other action as provided by law.

(f)When the court issues an order holding a party in contempt for violation of a parenting time order and finds that the party engaged in parenting time abuse, the court may order one or more of the following:

(1)Suspension of a party's Illinois driving privileges pursuant to Section 7-703 of the

Illinois Vehicle Code until the court determines that the party is in compliance with the parenting time order. The court may also order that a party be issued a family financial responsibility driving permit that would allow limited driving privileges for employment, for medical purposes, and to transport a child to or from scheduled parenting time in order to comply with a parenting time order in accordance with subsection (a-1) of Section 7-702.1 of the Illinois Vehicle Code.

(2)Placement of a party on probation with such conditions of probation as the court

deems advisable.

(3)Sentencing of a party to periodic imprisonment for a period not to exceed 6 months;

provided, that the court may permit the party to be released for periods of time during the day or night to:

(A)work; or

(B)conduct a business or other self-employed occupation.

(4)Find that a party in engaging in parenting time abuse is guilty of a petty offense

and should be fined an amount of no more than $500 for each finding of parenting time abuse.

(g)When the court issues an order holding a party in contempt of court for violation of a parenting order, the clerk shall transmit a copy of the contempt order to the sheriff of the county. The sheriff shall furnish a copy of each contempt order to the Illinois State Police on a daily basis in the form and manner required by the Department. The Department shall maintain a complete record and index of the contempt orders and make this data available to all local law enforcement agencies.

(h)Nothing contained in this Section shall be construed to limit the court's contempt power.