(a) In any action brought under this Act for the initial determination of parentage, the allocation of parental responsibilities or parenting time, or for modification of a prior allocation order or judgment or parenting time order, the court, upon application of a party, may enjoin a party having physical possession or an allocation order or judgment from temporarily relocating the child from this State pending the adjudication of the issues of parentage, the allocation of parental responsibilities, and parenting time. When deciding whether to enjoin relocation of a child, or to order a party to return the child to this State, the court shall consider factors including, but not limited to:
         (1) the extent of previous involvement with the child
    
by the party seeking to enjoin relocation or to have the absent party return the child to this State;
        (2) the likelihood that parentage will be
    
established; and
        (3) the impact on the financial, physical, and
    
emotional health of the party being enjoined from relocating the child or the party being ordered to return the child to this State.
    (b) A temporary restraining order or preliminary injunction under this Act shall be governed by the relevant provisions of Part 1 of Article XI of the Code of Civil Procedure.

Terms Used In Illinois Compiled Statutes 750 ILCS 46/502

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • sworn: shall be construed to include the word "affirmed. See Illinois Compiled Statutes 5 ILCS 70/1.12
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

     (c) Notwithstanding the provisions of subsection (a) of this Section, the court may decline to enjoin a domestic violence victim having physical possession or an allocation order or judgment from temporarily or permanently relocating the child from this State pending an allocation of parental responsibilities or an adjudication of parenting time. In determining whether a person is a domestic violence victim, the court shall consider the following factors:
         (1) a sworn statement by the person that the person
    
has good reason to believe that he or she is the victim of domestic violence or stalking;
        (2) a sworn statement that the person fears for his
    
or her safety or the safety of his or her children;
        (3) evidence from police, court, or other government
    
agency records or files;
        (4) documentation from a domestic violence program if
    
the person is alleged to be a victim of domestic violence;
        (5) documentation from a legal, clerical, medical, or
    
other professional from whom the person has sought assistance in dealing with the alleged domestic violence; and
        (6) any other evidence that supports the sworn
    
statements, such as a statement from any other individual with knowledge of the circumstances that provides the basis for the claim, or physical evidence of the domestic violence.
  Previous section
Next section  
 Article 5 Contents