Temporary Relief

  1. Law
  2. Illinois Compiled Statutes
  3. FAMILIES
  4. Illinois Parentage Act of 2015.
  5. Temporary Relief

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(750 ILCS 46/Art. 5 heading)

ARTICLE 5. TEMPORARY RELIEF

 

(750 ILCS 46/501)

Sec. 501. Temporary orders.

(a) On a motion by a party and a showing of clear and convincing evidence of parentage, the court shall issue a temporary order for support of a child, including a non-minor child with a disability, if the order is appropriate and the individual ordered to pay support is:

  • (1) a presumed parent of the child;
  • (2) petitioning to have parentage adjudicated;
  • (3) identified as the father through genetic testing under Article 4 of this Act;
  • (4) an alleged father who has declined to submit to genetic testing;
  • (5) shown by clear and convincing evidence to be the child's father;
  • (6) the mother of the child; or
  • (7) anyone else determined to be the child's parent.

In determining the amount of a temporary child support award, the court shall use the guidelines and standards set forth in Sections 505, 505.2, and 513.5 of the Illinois Marriage and Dissolution of Marriage Act.

(b) A temporary order may include provisions for the allocation of parental responsibilities and parenting time as provided by the Illinois Marriage and Dissolution of Marriage Act. A temporary order may, in accordance with the provisions of subsection (a) of Section 508 of the Illinois Marriage and Dissolution of Marriage Act that relate to proceedings other than pre-judgment dissolution proceedings, include an award for interim attorney's fees and costs.

(c) Temporary orders issued under this Section shall not have prejudicial effect with respect to final child support, the allocation of parental responsibilities, or parenting time orders.

(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)

 

(750 ILCS 46/502)

Sec. 502. Injunctive relief.

(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.

(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.

(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)


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