2023 Illinois Compiled Statutes › Chapter 750 - FAMILIES › 750 ILCS 36/ - Uniform Child-Custody Jurisdiction and Enforcement Act. › Article 2 - Jurisdiction

(750 ILCS 36/Art. 2 heading)
ARTICLE 2
JURISDICTION
(750 ILCS 36/201)
Sec. 201. 
		Initial Child-Custody Jurisdiction.
(a) Except as otherwise provided in Section 204, a court of this State has
jurisdiction to make an initial child-custody determination only if:
(1) this State is the home state of the child on the     date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State;
(2) a court of another state does not have     jurisdiction under paragraph (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under Section 207 or 208, and:
(A) the child and the child's parents, or the         child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and
(B) substantial evidence is available in this         State concerning the child's care, protection, training, and personal relationships;
(3) all courts having jurisdiction under paragraph     (1) or (2) have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under Section 207 or 208; or
(4) no court of any other state would have     jurisdiction under the criteria specified in paragraph (1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis for making a
child-custody determination by a court of this State.
(c) Physical presence of, or personal jurisdiction over, a party or a child
is
not necessary or sufficient to make a child-custody determination.
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 36/202)
Sec. 202. Exclusive, Continuing Jurisdiction.
(a) Except as otherwise provided in Section 204, a court of this State which
has made a child-custody determination consistent with Section 201 or 203 has
exclusive, continuing jurisdiction over the determination until:
(1) a court of this State determines that neither the     child, the child's parents, and any person acting as a parent do not have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child's care, protection, training, and personal relationships; or
(2) a court of this State or a court of another state     determines that the child, the child's parents, and any person acting as a parent do not presently reside in this State.
(b) A court of this State which has made a child-custody determination and
does not have exclusive, continuing jurisdiction under this Section may modify
that
determination only if it has jurisdiction to make an initial determination
under Section 201.
(c) A court of this State shall continue to exercise exclusive jurisdiction and be considered the home state of a child if a parent moves with a child under subsection (h) of Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act.
(Source: P.A. 99-90, eff. 1-1-16.)
(750 ILCS 36/203)
Sec. 203. 
		Jurisdiction To Modify Determination. 
		Except
as otherwise provided in Section 204, a court of this State may not modify a
child-custody
determination made by a court of another state unless a court of this
State
has jurisdiction to make an initial determination under Section 201(a)(1) or
(2) and:
(1) the court of the other state determines it no     longer has exclusive, continuing jurisdiction under Section 202 or that a court of this State would be a more convenient forum under Section 207; or
(2) a court of this State or a court of the other     state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 36/204)
Sec. 204. 
		Temporary Emergency Jurisdiction.
(a) A court of this State has temporary emergency jurisdiction if the child
is
present in this State and the child has been abandoned or it is necessary in an
emergency to protect the child because the child, or a sibling or parent of the
child,
is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child-custody determination that is entitled to
be
enforced under this Act and a child-custody proceeding has not been commenced
in
a court of a state having jurisdiction under Sections 201 through 203, a
child-custody determination made under this Section remains in effect until an
order is
obtained from a court of a state having jurisdiction under Sections 201 through
203.  If a child-custody proceeding has not been or is not commenced in a court
of a
state having jurisdiction under Sections 201 through 203, a child-custody
determination made under this Section becomes a final determination, if it so
provides and this State becomes the home state of the child.
(c) If there is a previous child-custody determination that is entitled to
be
enforced under this Act, or a child-custody proceeding has been commenced in a
court of a state having jurisdiction under Sections 201 through 203, any order
issued by a court of this State under this Section must specify in the order a
period
that the court considers adequate to allow the person seeking an order to
obtain an
order from the state having jurisdiction under Sections 201 through 203.  The
order
issued in this State remains in effect until an order is obtained from the
other state
within the period specified or the period expires.
(d) A court of this State which has been asked to make a child-custody
determination under this Section, upon being informed that a child-custody
proceeding has been commenced in, or a child-custody determination has been
made by, a court of a state having jurisdiction under Sections 201 through 203,
shall immediately communicate with the other court.  A court of this State
which is
exercising jurisdiction pursuant to Sections 201 through 203, upon being
informed
that a child-custody proceeding has been commenced in, or a child-custody
determination has been made by, a court of another state under a statute
similar to
this Section shall immediately communicate with the court of that state to
resolve
the emergency, protect the safety of the parties and the child, and determine a
period for the duration of the temporary order.
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 36/205)
Sec. 205. 
		Notice; Opportunity To Be Heard; Joinder.
(a) Before a child-custody determination is made under this Act, notice and
an opportunity to be heard in accordance with the standards of Section 108 must
be
given to all persons entitled to notice under the law of this State as in
child-custody
proceedings between residents of this State, any parent whose parental rights
have
not been previously terminated, and any person having physical custody of the
child.
(b) This Act does not govern the enforceability of a child-custody
determination made without notice or an opportunity to be heard.
(c) The obligation to join a party and the right to intervene as a party in
a child-custody proceeding under this Act are governed by the law of this State
as in child-custody proceedings between residents of this State.
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 36/206)
Sec. 206. 
		Simultaneous Proceedings.
(a) Except as otherwise provided in Section 204, a court of this State may
not exercise its jurisdiction under this Article if, at the time of the
commencement of
the proceeding, a proceeding concerning the custody of the child has been
commenced in a court of another state having jurisdiction substantially in
conformity with this Act, unless the proceeding has been terminated or is
stayed by
the court of the other state because a court of this State is a more convenient
forum
under Section 207.
(b) Except as otherwise provided in Section 204, a court of this State,
before hearing a child-custody proceeding, shall examine the court documents
and
other information supplied by the parties pursuant to Section 209.  If the
court
determines that a child-custody proceeding has been commenced in a court in
another state having jurisdiction substantially in accordance with this Act,
the court
of this State shall stay its proceeding and communicate with the court of the
other
state.  If the court of the state having jurisdiction substantially in
accordance with
this Act does not determine that the court of this State is a more appropriate
forum,
the court of this State shall dismiss the proceeding.
(c) In a proceeding to modify a child-custody determination, a court of this
State shall determine whether a proceeding to enforce the determination has
been
commenced in another state.  If a proceeding to enforce a child-custody
determination has been commenced in another state, the court may:
(1) stay the proceeding for modification pending the     entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the     proceeding for enforcement; or
(3) proceed with the modification under conditions it     considers appropriate.
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 36/207)
Sec. 207. 
		Inconvenient Forum.
(a) A court of this State which has jurisdiction under this Act to make a
child-custody determination may decline to exercise its jurisdiction at any
time if it
determines that it is an inconvenient forum under the circumstances and that a
court
of another state is a more appropriate forum.  The issue of inconvenient forum
may
be raised upon motion of a party, the court's own motion, or request of another
court.
(b) Before determining whether it is an inconvenient forum, a court of this
State shall consider whether it is appropriate for a court of another state to
exercise
jurisdiction.  For this purpose, the court shall allow the parties to submit
information and shall consider all relevant factors, including:
(1) whether domestic violence has occurred and is     likely to continue in the future and which state could best protect the parties and the child;
(2) the length of time the child has resided outside     this State;
(3) the distance between the court in this State and     the court in the state that would assume jurisdiction;
(4) the relative financial circumstances of the     parties;
(5) any agreement of the parties as to which state     should assume jurisdiction;
(6) the nature and location of the evidence required     to resolve the pending litigation, including testimony of the child;
(7) the ability of the court of each state to decide     the issue expeditiously and the procedures necessary to present the evidence; and
(8) the familiarity of the court of each state with     the facts and issues in the pending litigation.
(c) If a court of this State determines that it is an inconvenient forum and
that a court of another state is a more appropriate forum, it shall stay the
proceedings upon condition that a child-custody proceeding be promptly
commenced in another designated state and may impose any other condition the
court considers just and proper.
(d) A court of this State may decline to exercise its jurisdiction under
this
Act if a child-custody determination is incidental to an action for divorce or
another
proceeding while still retaining jurisdiction over the divorce or other
proceeding.
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 36/208)
Sec. 208. 
		Jurisdiction Declined By Reason Of Conduct.
(a) Except as otherwise provided in Section 204 or by other law of this
State, if a court of this State has jurisdiction under this Act because a
person
seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the
court
shall decline to exercise its jurisdiction unless:
(1) the parents and all persons acting as parents     have acquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having     jurisdiction under Sections 201 through 203 determines that this State is a more appropriate forum under Section 207; or
(3) no court of any other state would have     jurisdiction under the criteria specified in Sections 201 through 203.
(b) If a court of this State declines to exercise its jurisdiction pursuant
to
subsection (a), it may fashion an appropriate remedy to ensure the safety of
the
child and prevent a repetition of the unjustifiable conduct, including staying
the
proceeding until a child-custody proceeding is commenced in a court having
jurisdiction under Sections 201 through 203.
(c) If a court dismisses a petition or stays a proceeding because it
declines
to exercise its jurisdiction pursuant to subsection (a), it shall assess
against the party
seeking to invoke its jurisdiction necessary and reasonable expenses including
costs, communication expenses, attorney's fees, investigative fees, expenses
for witnesses, travel expenses, and child care during the course of the
proceedings,
unless the party from whom fees are sought establishes that the assessment
would
be clearly inappropriate.  The court may not assess fees, costs, or expenses
against this State unless authorized by law other than this Act.
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 36/209)
Sec. 209. Information to be submitted to court.
(a) Subject to any other law providing for the confidentiality of
procedures, addresses, and other identifying information, in a child-custody
proceeding,
each
party, in its first pleading or in an attached affidavit, shall give
information, if
reasonably ascertainable, under oath as to the child's present address or
whereabouts, the places where the child has lived during the last five years,
and the
names and present addresses of the persons with whom the child has lived during
that period.  The pleading or affidavit must state whether the party:
(1) has participated, as a party or witness or in any     other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;
(2) knows of any proceeding that could affect the     current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and
(3) knows the names and addresses of any person not a     party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subsection (a) is not furnished, the
court,
upon motion of a party or its own motion, may stay the proceeding until the
information is furnished.
(c) If the declaration as to any of the items described in subsection (a)(1)
through (3) is in the affirmative, the declarant shall give additional
information
under oath as required by the court.  The court may examine the parties under
oath
as to details of the information furnished and other matters pertinent to the
court's
jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding
in this or any other state that could affect the current proceeding.
(e) (Blank).
(f) If a party states in the pleading or the affidavit that disclosure of an address would risk abuse or harm to the party or a family member, the address may be omitted from documents filed with the court. A party is not required to include in the pleading or affidavit a domestic violence safe house address or an address changed as a result of a protective order.
(Source: P.A. 101-211, eff. 1-1-20.)
(750 ILCS 36/210)
Sec. 210. 
		Appearance Of Parties And Child.
(a) In a child-custody proceeding in this State, the court may order a party
to the proceeding who is in this State to appear before the court in person
with or
without the child.  The court may order any person who is in this State and who
has
physical custody or control of the child to appear in person with the child.
(b) If a party to a child-custody proceeding whose presence is desired by
the court is outside this State, the court may order that a notice given
pursuant to
Section 108 include a statement directing the party to appear in person with or
without the child and informing the party that failure to appear may result in
a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the
child and of any person ordered to appear under this Section.
(d) If a party to a child-custody proceeding who is outside this State is
directed to appear under subsection (b) or desires to appear personally before
the
court with or without the child, the court may require another party to pay
reasonable and necessary travel and other expenses of the party so appearing
and of the child.
(Source: P.A. 93-108, eff. 1-1-04.)