A job opportunity, a new relationship, family support, or a fresh start may lead a parent to consider moving with a child either during or after divorce. But, when a move would significantly affect the other parent’s relationship with the child, it is not simply a personal decision. In Illinois, relocation requires notice, agreement, or court approval if there is no agreement.

International moves require additional care. If a child is taken or kept outside the country without the legal authority to do so, the situation may trigger urgent remedies under the Hague Convention on the Civil Aspects of International Child Abduction.

This article provides general information for Illinois families. Every situation is factspecific, particularly where safety concerns, domestic violence, immigration issues, or international travel are involved.

When Is a Move Considered a “Relocation” in Illinois? Illinois law does not treat every move as a relocation. Whether the statute applies depends on the child’s primary residence and the distance and destination of the proposed move. A move may qualify as a relocation when it is:

The parent who has a majority of parenting time, or either parent where parenting time is equal, may seek to relocate with the child. The governing statute is 750 ILCS 5/609.2.

A parent planning a relocation generally must give the other parent at least 60 days’ written notice before the move, unless that is impracticable or the court orders otherwise. The notice generally identifies the proposed move date, the new address if known, and whether the move is temporary or permanent. A copy must also be filed with the circuit court.

If the other parent signs the notice and the parents agree on a revised parenting schedule, the court can modify the parenting plan or Allocation Judgment to reflect the new agreement. If the other parent objects, does not sign, or the parents cannot agree on an updated plan, the relocating parent must file a petition asking the court for permission to relocate.

How Does the Court Decide?

It’s no secret that relocation cases are some of the most emotionally-taxing cases in the family law area. The question is not whether a parent has a good reason to move. The central question is whether relocation is in the child’s best interests. Illinois courts consider the full circumstances, including:

A well-developed plan matters. Parents should avoid assuming that a move will be approved merely because it may improve one parent’s employment or family support. Likewise, an objection should focus on the child’s needs and the practical effect on the parent-child relationship, not simply on a parent’s desire to prevent the move.

Unlawful International Abduction
What Is the Hague Convention?

Unfortunately, there are some scenarios where a parent wants to move internationally, it is not agreed, and the Court has not ruled on the matter. A parent may decide to act unilaterally and take the child internationally unlawfully. In that situation, The Hague Convention on the Civil Aspects of International Child Abduction comes into play. The Hague Convention is an international treaty designed to address certain cases in which a child is wrongfully removed from, or retained outside, the child’s country of habitual residence. Its principal purpose is generally to secure the child’s prompt return so that custody issues can be decided in the appropriate place; it is not ordinarily a proceeding to decide which parent should ultimately receive custody.

In the United States, the Convention is implemented through the International Child Abduction Remedies Act. A parent may bring a civil return or access petition in a state court or federal district court where the child is located. The petitioner must generally show by a preponderance of the evidence that the child was wrongfully removed or retained under the Convention. 22 U.S.C. § 9003.

The Hague Convention applies only when its requirements are met, including that the countries involved are signatories to the Convention (not all countries are), and that the circumstances fit the treaty. It is not a substitute for immediate safety planning or for local family-court relief.

If you believe a child has been taken unlawfully, act promptly. The appropriate response depends on where the child is, what court orders exist, whether there is an immediate safety risk, and whether the matter is domestic or international. Call 911 or local law enforcement. If an abduction is in progress or believed to be imminent, parents may also seek emergency family-court relief and should speak with an attorney without delay. The U.S. Department of State provides guidance for stopping an international abduction in progress. Contact the U.S. Department of State’s Office of Children’s Issues promptly. It serves as the U.S. Central Authority for Hague Convention cases and can explain the Hague application process and available resources. Official contact information is available here, and the Department provides guidance for Hague Convention applications.

Parents should also preserve relevant information, including court orders, parenting plans, passports, travel details, recent communications, photographs, identifying information, and information about the child’s likely location. Do not take unilateral action that could place the child or another person at risk or violate an existing order.

We Can Help

Relocation disputes and international child-abduction concerns are time-sensitive and emotionally difficult. A family-law attorney can help evaluate the applicable court orders, pursue or respond to a relocation request, seek emergency protections when appropriate, and coordinate with experienced international-family-law professionals where necessary. This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship.