Is it Kidnapping If My Ex Moves My Child Out of Illinois?

 Posted on June 18, 2024 in Child Custody

A difficult thing for many parents to get used to after divorce is having to obtain consent from each other for certain actions regarding their children. This includes taking a child out of state. If a parent wants to take the child to Disney World in Florida, for example, he or she needs to get the consent of the other parent. If that consent is not given, the parent who wants to take the child away can try to get a court order approving the travel.

The procedure becomes even more strict when it comes to relocating the child out of state lines, which means moving his or her place of residence outside Illinois. The consequences for failing to follow this procedure can be severe. If your ex has moved your child out of Illinois without your consent, it may be considered child abduction and you should contact an Illinois child relocation attorney right away.

What Is the Procedure for Relocating a Child Out of State?

Illinois law requires a parent who wants to relocate a child out of state to follow specific steps. He or she must:

• Provide written notice to the other parent of his or her intent to relocate with the child

• File a copy of that notice with the county clerk

• Allow the other parent 60 days to respond

If the other parent consents to the request, then the court will likely permit the move. If not, the court will decide whether to allow the relocation based on certain factors, such as:

• The reasons for the relocation

• The reasons for the other parent’s objection

• The quality of each parent’s relationship with the child

• Any history of neglect or abuse on the part of either parent

• What educational opportunities the child will have in the new location

• Whether the child will gain or lose the presence of extended family members in the move

• The expected impact of the relocation on the child

• The expected impact of the relocation on the child’s relationship with the other parent

If the court feels that the relocation is in the child’s best interest, he or she will likely approve the move. Otherwise, the judge will deny the relocation.

What If My Ex Does Not Follow the Procedure?

If your ex relocates with your child out of Illinois and does not follow the above steps, it may be considered kidnapping. Illinois law may classify it as child abduction if the parent:

• Intentionally violates a court order prohibiting the parent from removing the child from Illinois

• Knowingly takes the child when there was no custody order issued by the court

• “Knowingly conceals” the child for at least 15 days without notifying the other parent

Contact a Kendall County, IL Child Relocation Attorney

Whether or not your ex is guilty of child abduction for moving your child out of Illinois will depend on the circumstances. It is best to consult a Yorkville, IL child relocation lawyer before coming to any conclusions. At the The Law Office of Matthew M. Williams, P.C., we are highly experienced in child relocation matters. Let us handle your case and we will make sure your parental rights are protected to the furthest possible extent. Call The Law Office of Matthew M. Williams, P.C. for a consultation today.