Lance Cagle

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The issue of child custody relocation continues to be a source of controversy and contention nationwide, as state legislatures and courts have struggled to determine the difficult question of whether, and under what circumstances, a child's residential parent may be permitted to relocate with the child across state lines. In Illinois, the issue of relocation has proven particularly troublesome, as there are no statutory standards to guide courts in determining when removal is in the best interests of the child and appellate decisions have yielded inconsistent and often puzzling results. This article addresses the issue of custody relocation in Illinois. After briefly examining the various approaches to relocation from a national perspective, the author provides an in-depth history of Illinois relocation law, with particular focus on the seminal cases of In re Marriage of Eckert, and In re Marriage of Collingbourne. The author then argues that Illinois courts have employed an analysis in relocation cases that is inconsistent with determining the best interests of the child and the underlying policies of the Illinois Marriage and Dissolution of Marriage Act. The author concludes by calling for the amendment of the Illinois relocation statute, suggesting statutory best interest guidelines and other provisions that could lead to more desirable and consistent decisions in Illinois removal cases.

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College of Law






Northern Illinois University Law Review

Suggested Citation

Lance Cagle, Comment, Have Kids, Might Travel: The Need for a New Roadmap in Illinois Relocation Cases, 25 N. Ill. U. L. Rev. 255 (2005).

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