Illinois dissolution marriage 604 b

Except as provided in Illinois Supreme Court Rule , all custody or allocation of parental responsibilities cases as defined in Illinois Supreme Court Rule b 1 shall be resolved within 18 months from service of the petition or complaint to final order.

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The provisions pertaining to discovery contained in Local Rules 7. In all Domestic Relations proceedings involving child support, children's expenses, college expenses, maintenance, the division of marital and non-marital assets, and attorney's fees, each party shall provide the other with a completed Financial Affidavit in the form approved by the Illinois Supreme Court. Post-Judgment Proceeding:. Each party in pre-judgment Domestic Relations proceedings shall tender an updated Financial Affidavit thirty 30 days before trial. Upon motion by any party, the Court may impose such sanctions for any violation of Rule A party shall not make discovery requests, which may contain duplicative requests for information which is required to complete the Financial Affidavit until the party has tendered to the opposing party a completed Financial Affidavit.

The education programs cover the subjects of parenting time, custody, co-parenting or allocation of parental responsibilities, communication and the impact of these issues on children.

The New and Improved Illinois Marriage and Dissolution of Marriage Act

The Court shall not excuse a party's attendance and completion of the Education Program unless the reason is documented in the record and a finding is made that excusing one or both parents from attendance is in the best interests of the children. At the initial status, if not earlier, the parties or attorneys of record whom are knowledgeable as to the issues in the case, shall report the progress of the case to the Court, including: 1.

Agreed custody or allocation of parental responsibilities arrangements and parenting plans, if any; 3. The scheduling of mediation in compliance with Illinois Supreme Court Rule b , if require; and 4. Whether Financial Disclosure Statements have been exchanged. They shall include a recitation of the statutory or case law basis for said relief.

Except for emergency matters, the moving party shall serve proper notice for all motions or petitions for relief in accordance with Local Court Rule 6. The notice provided shall state that the motion will be presented on the date specified in the notice. Except for emergency matters, all motions and petitions shall be placed on the presentment call, by contacting the court scheduler, prior to being set for hearing.

The presentment call commences at a.

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No contested matters shall be heard during the presentment call. If the motion or petition is not resolved by agreement, an Order shall be entered setting forth a briefing schedule granting the defending party reasonable time to respond or otherwise plead and setting a future status or hearing date on the underlying motion or petition. Dates for hearings which can be conducted within twenty 20 minutes or less shall be obtained from the Court scheduler.

All other hearing dates will be assigned by the Court in its discretion.


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Courtesy copies shall be delivered to the Court by the moving party prior to the hearing pursuant to Rule 6. Failure to provide courtesy copies in compliance with these Rules may result in a continuance of the hearing by the Court. If the agreed motion is to change the date of a prove-up or a hearing on a motion, the matter will be reset to an available date. If the agreed motion is to change the date of a pre-trial or trial date, the motion will be placed on the judge's motion call by the court scheduler. The order shall include a paragraph striking the existing date from the call. If the date appearing on an order resetting a prove-up or a hearing of a motion is not available on the appropriate call of the assigned judge, the court scheduler shall place the case on the motion call or prove-up call of the assigned judge on the next available date to which the attorneys can agree.

This Rule is not applicable to any proceeding under the Domestic Violence Act of and service of process, notice and hearings under such cases shall be as provided by statute. If the assigned Judge is unavailable, then the emergency motions shall be heard by the Presiding Judge or his or her designee.


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Upon oral motion by a party or their attorney who responds to an alleged "emergency", the party or their attorney may be entitled to reimbursement from the movant for actual expenses, fees and costs incurred in responding to the motion. The moving party shall serve notice, accompanied by a copy of a verified petition intended to be filed in the cause, and present said Temporary Relief Petition in accordance with Local Court Rules 6.

The Responding party shall subsequently have fourteen 14 days to respond to said petition and comply with Local Court Rule The moving party's Petition for Temporary Relief shall then be set for hearing within twenty-one 21 days of presentment, unless for good cause shown, the Court directs otherwise. The moving party's petition or motion shall then be set for hearing within twenty-one 21 days of presentment, unless for good cause shown, the Court directs otherwise. The moving party shall serve notice, accompanied by a copy of the verified petition intended to be filed in the cause.

No Rule to Show Cause shall issue except upon proper Notice and Motion, and except for good cause shown by verified pleading. Further, the Court may order the Rule returnable on the same day, if the Rule issues. When any divorce, parentage, or petition for custody or allocation of parental responsibilities involving custody or allocation of parental responsibilities of a child or children is pending, any action for creation or termination of the guardianship of the same minor child or children shall be transferred to the domestic relations division, to be heard by the same judge assigned the domestic relations or parentage case.

In addition, the applicant must complete additional training as required by the Court from time to time, in accordance with Illinois Supreme Court Rule c. Said training program shall consist of ten 10 hours in the two 2 years prior to the date the attorney qualifies for appointment in approved continuing legal education courses in the following areas: child development; roles of guardian ad litem and child representative; ethics in child custody or allocation of parental responsibilities cases; relevant substantive state, federal, and case law in custody or allocation of parental responsibilities and visitation or parenting time matters; family dynamics, including substance abuse, domestic abuse, and mental health issues.

To participate in the litigation as would the attorneys for the parties. To investigate the facts of the case and interview necessary parties. To advocate the best interests of the child. To promote settlement and the use of alternative dispute resolution. To disclose the Child Representative position in a pretrial memorandum. No party may cross-examine the Child Representative. Further, the Guardian ad Litem shall make recommendations to the Court, if so ordered. View Mediation under these rules involves a court ordered confidential process whereby a qualified and neutral mediator, selected by the parties or appointed by the Court, assists the litigants in reaching mutually acceptable agreements.

It is an informal and non-adversarial process. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem-solving exploring settlement alternatives and reaching agreements. Parties and their representative are required to mediate in good faith. This rule is subject to the provisions of Illinois Supreme Court Rule Without leave of Court, the parties may not proceed to a judicial hearing on contested issues including temporary relief arising in that case until the mediation process has been concluded and the mediation report has been submitted to the Court.

Mediation may be waived if the parties have participated in mediation pursuant to a joint parenting agreement or by the Court on good cause shown. An impediment to mediation may include, but is not limited to, domestic violence, mental illness, cognitive impairment, drug use, alcohol use, prescription medication use, physical impairment, fraud, duress or undue influence. All cases that are ordered to mediation shall be screened for such impediments.

Public Aid collection fee. The imposition of such fee shall be in accordance with provisions of Title IV, Part D, of the Social Security Act and regulations duly promulgated thereunder. The fee shall be payable to the clerk of the circuit court for transmittal to the Department of Healthcare and Family Services and shall continue until child support enforcement services are terminated by that Department.

Notice of child support enforcement services. The Department of Healthcare and Family Services may provide notice at any time to the parties to an action filed under this Act that child support enforcement services are being provided by the Department under Article X of the Illinois Public Aid Code.

The notice shall be sent by regular mail to the party's last known address on file with the clerk of the court or the State Case Registry established under Section of the Illinois Public Aid Code. After notice is provided pursuant to this Section, the Department shall be entitled, as if it were a party, to notice of any further proceedings brought in the case. The Department shall provide the clerk of the court with copies of the notices sent to the parties.

The New and Improved Illinois Marriage and Dissolution of Marriage Act

The clerk shall file the copies in the court file. Jurisdiction; Commencement of Proceeding. C the custodial parent is deceased or is.

D the stepparent provided for the care,. E the child wishes to live with the stepparent;. F it is alleged to be in the best interests and. A the surviving parent had been absent from the. B the surviving parent was in State or federal. C the surviving parent had: i received.

The court, upon showing of good cause, may permit intervention of other interested parties. Nothing in this Section shall preclude a party in custody modification proceedings from moving for a temporary order under Section of this Act. Nothing in this Section shall be construed to prevent the court from appointing the same guardian ad litem for 2 or more children that are siblings or half-siblings.

The chief circuit judge or designated presiding judge may approve 3 hours of training for guardians ad litem appointed under Section of this Act, professional personnel appointed under Section of this Act, evaluators appointed under Section This training shall include a component on the dynamics of domestic violence and its effect on parents and children. Best Interest of Child. In the case of a custody proceeding in which a stepparent has standing under Section , it is presumed to be in the best interest of the minor child that the natural parent have the custody of the minor child unless the presumption is rebutted by the stepparent.

There shall be no presumption in favor of or against joint custody.

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In such cases, the court shall initially request the parents to produce a Joint Parenting Agreement. Such Agreement shall specify each parent's powers, rights and responsibilities for the personal care of the child and for major decisions such as education, health care, and religious training. The Agreement shall further specify a procedure by which proposed changes, disputes and alleged breaches may be mediated or otherwise resolved and shall provide for a periodic review of its terms by the parents.

In producing a Joint Parenting Agreement, the parents shall be flexible in arriving at resolutions which further the policy of this State as expressed in Sections and For the purpose of assisting the court in making a determination whether an award of joint custody is appropriate, the court may order mediation and may direct that an investigation be conducted pursuant to the provisions of Section If there is a danger to the health or safety of a partner, joint mediation shall not be required by the court.

In the event the parents fail to produce a Joint Parenting Agreement, the court may enter an appropriate Joint Parenting Order under the standards of Section which shall specify and contain the same elements as a Joint Parenting Agreement, or it may award sole custody under the standards of Sections , , and The court shall not consider the inability of the parents to cooperate effectively and consistently in matters that do not directly affect the joint parenting of the child;.

No parent who is a named respondent in an order of protection issued pursuant to the Illinois Domestic Violence Act of or the Code of Criminal Procedure of shall have access to the health care records of a child who is a protected person under that order of protection.

IICLE Online | Illinois Institute for Continuing Legal Education - IICLE

Care of minor children; right of first refusal. The parties may agree to a right of first refusal that is consistent with the best interest of the minor child or children. Temporary Orders. The court may award temporary custody under the standards of Section , the standards and procedures of Section Counsel shall be present at the interview unless otherwise agreed upon by the parties.

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The court shall cause a court reporter to be present who shall make a complete record of the interview instantaneously to be part of the record in the case. The advice given shall be in writing and made available by the court to counsel.

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