Law Office of Russell D. Knight

Is Court Approval Always Required for Relocating a Child in Illinois?

When parents share custody of a child in Illinois, relocating the child—especially over significant distances—is not a simple decision. The law has established clear guidelines to ensure that any move affecting parenting time and the child's best interests is properly evaluated. In many cases, filing a relocation petition is essential to gain court approval and move forward legally. But is court approval always required for relocating a child in Illinois? The answer varies depending on several legal factors.

Understanding What Counts as a Relocation

Illinois state law defines specific thresholds that determine whether a change in residence qualifies as a relocation requiring court involvement. If a custodial parent lives in Cook, DuPage, Kane, Lake, McHenry, or Will counties and plans to move more than 25 miles from their current home, a relocation petition must be filed. For those living in other counties throughout the state, the threshold increases to 50 miles. Additionally, any move that takes the child across state lines and more than 25 miles from the existing residence is also subject to relocation rules.

Moves that fall below these distance requirements do not trigger the need for court involvement. This means that a parent relocating a few miles within the same county will likely not be required to seek approval. However, once those specific mileage thresholds are crossed, court approval becomes mandatory under Illinois custody law.

When a Relocation Petition Is Required

A relocation petition is required when a move meets those legal criteria and is expected to affect the current parenting arrangement. This court filing allows a judge to evaluate whether the move is in the best interest of the child. The petition must include important details such as the intended date of moving, the new address if it's known, the reasons behind the move, and a proposed revision to the parenting time schedule. This legal step ensures that both parents' rights are considered and that the child maintains a meaningful relationship with both parties.

The court does not automatically approve each request. Judges consider a variety of factors, including each parent's involvement in the child's life, educational opportunities at the new location, and whether the moving parent is acting in good faith. A well-prepared relocation petition can influence the outcome significantly, particularly if it addresses the court’s core considerations comprehensively.

If the Non-Moving Parent Agrees

Not all relocation cases are contested. If both parents agree to the move, the relocating parent still must notify the other parent in writing at least 60 days in advance. This notice should include the planned date of the move, the new address, and the reason for the change in residence. If the non-custodial parent agrees by signing the notice, the court will generally approve the move more quickly, though a formal relocation petition still needs to be filed to make the change part of the legal record.

Even with both parties in agreement, the court must confirm that the proposed move supports the best interests of the child. This step ensures clarity and offers legal protection to both parents by making the new arrangement enforceable by the court.

When Court Approval May Not Be Needed

There are limited scenarios where court approval may not be required. If the move does not exceed the legal distance thresholds and does not disrupt the existing parenting schedule, then a relocation petition is not necessary. For example, changing neighborhoods within the same large city is typically viewed as a minor shift and doesn’t involve judicial scrutiny unless it meaningfully alters access for the other parent.

Parents must also be cautious in interpreting whether a move qualifies as a legal relocation. Misjudging the impact or the distance of the move can result in unintended legal consequences, such as the requirement to return the child to their original location or facing contempt proceedings for non-compliance with custody orders.

Consequences of Not Filing a Relocation Petition

Attempting to relocate a child without court approval, when one is required, can have serious consequences. The court may order the child to be returned to their previous home, reconsider custody arrangements, or impose legal penalties on the parent who acted without authority. Even if the move is for legitimate reasons such as employment or family support, bypassing the legal process undermines the rights of the other parent and may harm one’s credibility in future custody discussions.

Filing a relocation petition helps avoid these legal complications. It provides a formal avenue for the court to evaluate whether the relocation serves the child’s needs and maintains a proper balance between both parents' participation in their upbringing.

Conclusion

Court approval is not always required for relocating a child in Illinois—but it often is. When a move exceeds certain distance thresholds or alters the child’s existing parenting structure, a relocation petition becomes legally necessary. Even when both parents agree, formal approval by the court ensures legal compliance and future enforceability. By understanding when and how court involvement is triggered, parents can better plan potential relocations and maintain the child’s stability and well-being throughout the transition. 

How Much Notice Must Be Given to the Other Parent Before Filing a Relocation Petition in Illinois?

When a parent in Illinois wants to move a significant distance with their child, especially in situations where the other parent shares parenting responsibilities, they must follow specific legal procedures. A vital part of this process involves notifying the other parent before filing a relocation petition. Understanding how much notice is required — and how to deliver that notice properly — is essential for ensuring compliance with the law and avoiding potential setbacks in the relocation process.

Required Notice Period Under Illinois Law

Illinois state law requires that the relocating parent give at least 60 days' written notice to the other parent before proceeding with a relocation petition. This applies if the move meets certain distance thresholds specified by law. The notice must include the intended date of the move, the address of the new residence if known, and the reason for relocating. Failing to provide this notice could complicate the relocation or even result in legal penalties, including the dismissal of the petition or loss of parenting time privileges.

In cases where 60 days' notice is not possible due to extenuating circumstances — such as an unexpected job offer with immediate relocation demands — the relocating parent must provide notice as soon as practicable. Even in such cases, the notice must be given in writing and contain the same required details to meet the standards of a proper relocation petition.

Who Must Be Notified and How

The written notice must be delivered to the other parent who currently has custody or parenting time, regardless of whether the parenting arrangement is shared or primarily held by one party. The notice doesn't just serve as a common courtesy; it’s a legally mandated step to ensure transparency in the relocation process.

Additionally, a copy of this notice must be filed with the clerk of the circuit court. Doing so creates a legal record that confirms compliance with the notification requirement and supports the filing of the eventual relocation petition. This step is often overlooked but is critical for moving forward without unnecessary legal challenges.

Exceptions and Consent-Based Moves

If the non-relocating parent agrees to the move and signs the written notice, the relocating parent may not need to undergo a full contested court hearing. Instead, both parties can submit the signed notice to the court along with the relocation petition, and the court may approve the relocation based on mutual consent. This only applies if the court finds that the move serves the best interests of the child.

However, if the other parent objects to the move or refuses to sign the notice, the relocating parent must proceed by formally filing a relocation petition. In such cases, the court will review the circumstances and make a determination based on multiple factors, including the child's relationships, educational opportunities, and overall well-being.

The Role of the Relocation Petition in the Notice Process

The relocation petition itself is not simply an application for approval to move; it's a formal legal document that builds upon the initial notice provided to the other parent. In fact, a properly delivered notice is a prerequisite to filing. Without it, the court may not even consider the petition. Judges view this notice as a key demonstration of the relocating parent’s willingness to act in good faith and comply with legal obligations.

Timing is critical. Filing a relocation petition before providing notice—or immediately after giving insufficient or improperly structured notice—can damage the parent’s standing with the court. The notice period gives both parents a window to evaluate the implications of the move and attempt to reach an agreement before court intervention becomes necessary.

Practical Tips for Parents Planning a Relocation

To navigate the process smoothly, parents considering relocation should first consult the custody or parenting agreement already in place. Some agreements might include specific provisions about relocation approval, which may influence the scope of the required notice or streamline the relocation petition procedure.

When drafting the written notice, make sure it includes:

The intended date of relocation

The new residential address (if available)

A brief explanation of the reasons for the move

Once the notice is signed and filed with the court, keep copies for your records and ensure proof of delivery to the other parent. If an agreement can be reached, documentation must be submitted to the court to finalize the new arrangement. If no agreement exists, prepare to proceed with a formal relocation petition, offering relevant supporting documents and evidence to the judge.

Conclusion

In Illinois, a parent must provide at least 60 days' written notice before filing a relocation petition. This step is not only required by law but also gives both parents the opportunity to discuss how the move will affect their child and parenting arrangement. Whether the relocation is agreed upon or contested, delivering timely notice is the foundation of any legal relocation case. By respecting this requirement and preparing diligently, parents can ensure a smoother process and a more favorable outcome in family court. 

What Happens if a Parent Relocates Without Court Approval in Illinois?

In Illinois, relocating a child without court approval can have serious consequences, especially when that move exceeds the legal distance limits as established under state custody laws. Any parent subject to a parenting plan or custody judgment should understand that a relocation isn’t as simple as changing an address—it requires legal action. Specifically, a relocation petition must be filed and approved if the move meets certain criteria. Failing to do so can result in significant legal setbacks, including changes in custody and even contempt of court.

Understanding When Court Approval Is Required

Illinois law mandates that a parent must seek court approval before relocating with their child if the move qualifies under statutory distance thresholds. Specifically, if the parent lives in Cook, DuPage, Kane, Lake, McHenry, or Will County and plans to move more than 25 miles away from their current residence, they must file a relocation petition. For parents in any other Illinois counties, the threshold is 50 miles. Additionally, if the move goes across state lines and exceeds 25 miles, court permission is also required.

In these situations, even if a parent believes the move is in the child’s best interest, they cannot act unilaterally. A relocation petition gives the court an opportunity to assess the need for the move and how it impacts the other parent's rights and the well-being of the child. Ignoring this requirement can backfire legally and personally.

Consequences of Unauthorized Relocation

If a parent relocates without first filing a relocation petition and obtaining court approval, they may be found in violation of the existing custody or parenting order. Illinois courts take such actions seriously, as they can disrupt the court-approved parenting schedule and diminish the other parent's relationship with the child. Potential consequences for unauthorized relocation include:

The court ordering the parent to return the child to their original location

A finding of contempt of court, which could carry fines or jail time

Modification of the parenting plan or custody arrangement in favor of the non-relocating parent

Negative impact on the relocating parent's credibility in future legal proceedings

The judges will scrutinize any relocation that happens without a formal relocation petition and will weigh it against the relocating parent’s respect for the judicial process. Courts may see the unauthorized move as a deliberate attempt to circumvent legal procedures, especially if it reduces the child’s access to the other parent.

Legal Avenues for the Non-Moving Parent

A parent who discovers that the other party has moved their child without court approval has several legal options. One immediate step would be to file an emergency motion for the child’s return. The court may also issue a temporary order or injunction, requiring the child to return while the matter is reviewed more thoroughly.

Filing a motion to enforce the existing parenting plan is another possibility. In many cases, courts will prioritize fast action to prevent ongoing disruption to the child’s life and to avoid setting a precedent that one parent can relocate without first submitting a relocation petition.

Rebuilding Custody Rights After an Unauthorized Move

Once a relocation is found to be improper, the parent who moved may need to take legal steps to restore their standing in the eyes of the court. This might include filing a corrective relocation petition, expressing regret for bypassing legal procedures, and proposing a new parenting arrangement that works for all parties involved, with an emphasis on the child’s best interests.

However, it can be difficult to reverse the damage once credibility is lost. The unauthorized move may complicate future attempts to gain favorable judgments from the court, including requests to modify parenting time or make further relocations. Judges are more likely to grant legal accommodations to parents who demonstrate respect for the law and courtroom procedure.

Avoiding the Pitfalls of Unauthorized Relocation

To avoid these serious repercussions, a parent contemplating a move should consult the existing parenting plan and file the necessary relocation petition in advance. Communication with the other parent is also crucial—Illinois law stipulates that notification be given at least 60 days before the expected move. This notice should include specific details about the new location and the reasons for relocation.

If both parents can agree to the relocation and adjustments to the parenting plan, it can simplify court validation. However, if agreement cannot be reached, a judge will assess the relocation petition and decide whether the move aligns with the child’s best interests, including maintaining ongoing relationships with both parents.

Conclusion

Relocating a child without court approval in Illinois is a serious matter that can lead to legal penalties and potential loss of custodial rights. Filing a proper relocation petition before making a move is not just a legal requirement—it’s a critical step to ensure that the child’s well-being and parental relationships are protected. Anyone considering a significant move should follow the legal process carefully to avoid jeopardizing custody arrangements and to maintain the integrity of parental relationships. 

Law Office of Russell D. Knight

Law Office of Russell D. Knight

1165 N Clark St #700, Chicago, IL 60610, United States

(773) 334-6311