H.B. 2491: Immediate Action Required


HB 2491 passed the Illinois House and is now under consideration in the Illinois Senate. If it becomes law, this bill will negatively impact women and their families. Immediate action is required to stop this bill from becoming law.

What is HB 2491?

HB 2491 would amend the Marriage and Dissolution Act to require custodial parents to obtain prior approval from a state court to move a child or children to a new residence if that new residence is over 100 miles from the residence of the child(ren) at the time of the last custody order, even if that residence is within the state of Illinois.

The bill requires all custodial parents to give non-custodial parents a minimum of 30 days notice of the intent to move residences. This written notice must include the proposed new residence address unless protected by an order entered under the Illinois Domestic Violence Act, the proposed date of relocation, and a proposed visitation schedule, if necessary.

If no objection is made within 21 days of the notice, the custodial parent still must go to court to get approval. The bill is poorly written and therefore the mechanics of how this is supposed to work is unclear. However, the upshot is, even if both parents agree to the move, court approval is still necessary.

Why vote NO on HB 2491


HB 2491 imposes the burden of going to court to the custodial parent—usually the woman, usually the person less able to afford to go to court. And it requires her to go to court in every case, even if the parents have no dispute. The cost to the custodial parent may include court filing fees, attorney fees, lost wages due to time off work, etc. The cost to the state judicial system includes an increase in court cases that only serves to further clog an already overtaxed system.

Another very important reason to vote no on HB 2491 is that the bill as written inadequately addresses the concerns of adults and children who are victims of domestic violence and child abuse. The bill requires non-custodial parents to be served notice that the custodial parent intends to move the child(ren), even if the non-custodial parent is an abuser. A woman fleeing her abuser should not be required to give any notice of her intent to escape a violent situation. This would only endanger her further. In addition, limiting any exception to those with an order under the Domestic Violence Act will also endanger the lives of women and children. In many instances it is not safe for women to go to court to obtain protective orders. These are just a few of the reasons HB 2491 as written is inadequate and must be defeated.

What You Can Do
HB 2491 is scheduled to be heard by the Senate Judiciary Committee on Tuesday, April 21st at 1:00 p.m. Please call or fax the Senators on the committee today and ask them to vote against HB 2491. If you can only make one or two calls, call or fax Republicans at their Springfield numbers. The Senators who are members of the Judiciary Committee are:

Republicans

Local Office

Springfield Office

Carl Hawkinson, chairperson

309.343.8176

217.782.1942

Kirk Dillard, vice-chairperson

630.969.0990

217.782.8148

Dan Cronin

630.941.0040

217.782.8107

Adeline Geo-Karis

847.872.7500

217.782.7353

Patrick O’Malley

708.396.1818

217.782.5145

Edward Petka

815.436.5577

217.782.0422

The FAX number for Senate Republicans is 217.782.7818.

Democrats  

Local Office

Springfield Office

John Cullerton, minority spokesperson

773.883.0770

217.782.7260

Barack Obama

773.363.1996

217.782.5338

George Shadid

309.353.6276

217.782.8250

William Shaw

708.333.4700

217.782.8066

The FAX number for Senate Democrats is 217.782-3242.

If you need more information on HB 2491 call Wendy Pollack at 312.263.3830 ext. 238.