Under Section 609.2, the legal definition of “relocation” is specific to the geographical location of the child’s current primary residence:

1. For children residing in Cook, DuPage, Kane, Lake, McHenry, or Will County: Relocation is defined as a move of more than 25 miles from the child's current primary residence.

2. For children residing outside of these counties but still within the state of Illinois: Relocation is defined as a move of more than 50 miles from the child’s current primary residence.

3. For children relocating outside the state of Illinois: Relocation is defined as a move of more than 25 miles from the child’s current primary residence, regardless of which Illinois county they reside in.

The law applies to both permanent and temporary relocations, and the 25- or 50-mile thresholds are meant to protect the non-relocating parent's access to the child.

If a parent who has been allocated a majority of the parenting time or equal parenting time seeks to relocate, Section 609.2 establishes a clear legal process that must be followed.

1. Notice Requirement

The parent intending to relocate must provide written notice to the other parent at least 60 days before the relocation. If the parent cannot give 60 days' notice, they must notify the other parent as soon as reasonably possible.

• The written notice must include:

• The intended relocation date.

• The new address of the proposed residence, if known.

• Whether the relocation is permanent or temporary, and if temporary, how long the relocation is expected to last.

• The notice must be signed by the relocating parent and either filed with the court or provided to the non-relocating parent directly.

2. Parental Agreement

• If the non-relocating parent agrees to the relocation and signs the notice, the relocating parent must file the signed notice with the court. In most cases, the court will approve the relocation as long as it serves the child’s best interests.

3. Objection and Court Hearing

• If the non-relocating parent objects to the proposed relocation, they must file a formal objection, and the court will hold a hearing to resolve the issue. 

• The court will evaluate whether the relocation is in the best interests of the child, based on a variety of factors, and may either grant or deny permission for the move.

In cases where a relocation is contested, the court must carefully consider several factors to determine if the move would be beneficial for the child. The overriding standard in these cases is the best interests of the child. The court will weigh the following:

1. The Reasons for the Relocation

• The relocating parent must provide a compelling reason for the move, such as better employment opportunities, a new educational environment, or closer proximity to extended family. The court will assess the genuineness and necessity of the relocation.

2. The Reasons for the Non-Relocating Parent’s Objection

• The court will also consider the non-relocating parent’s arguments against the move. This typically includes concerns about losing meaningful parenting time, the logistics of maintaining a relationship with the child after the move, and potential negative impacts on the parent-child bond.

3. The Child’s Relationship with Both Parents

• One of the most important factors is the child’s relationship with both parents. The court will evaluate the strength of the child’s bond with each parent and how the move might affect the non-relocating parent’s ability to maintain regular and meaningful parenting time.

5. The Feasibility of Preserving the Relationship Between the Non-Relocating Parent and the Child

• The court will consider whether it is possible to maintain a meaningful relationship between the child and the non-relocating parent, despite the distance. This includes examining whether alternative arrangements, such as extended visits during school breaks or the use of virtual communication (e.g., video calls), would mitigate the disruption in parenting time.

6. The Impact on the Child’s Well-Being

• The court will evaluate the potential emotional, social, and psychological impact of the move on the child. This includes the child’s adjustment to a new school, community, or peer group, as well as their ability to maintain stability in their day-to-day life.

7. The Wishes of the Child (Depending on Age and Maturity)

• If the child is old enough and mature enough to express a reasoned preference, the court may take their wishes into consideration, though this factor alone is not determinative.

8. Any Other Relevant Factors

• Courts are permitted to consider any other relevant factors that may affect the child’s best interests, providing flexibility to account for unique circumstances in each case.

If a parent relocates without following the proper legal process, including giving the required notice or obtaining the other parent’s consent or court approval, they could face significant legal consequences. These include:

• Contempt of Court: A relocating parent may be held in contempt of court if they fail to comply with the law. This could lead to fines, sanctions, or even jail time in extreme cases.

• Modification of Parenting Orders: The court may modify parenting time or parental responsibilities to reflect the relocating parent’s non-compliance with the law.

• Legal Consequences Affecting the Move: A court may order the relocating parent to return the child to Illinois or, in some cases, award temporary or permanent custody to the non-relocating parent.