2015 Illinois Compiled Statutes
Chapter 750 - FAMILIES
750 ILCS 46/ - Illinois Parentage Act of 2015.
Article 5 - Temporary Relief

(750 ILCS 46/Art. 5 heading)

ARTICLE 5. TEMPORARY RELIEF (Source: P.A. 99-85, eff. 1-1-16.)

(750 ILCS 46/501)
Sec. 501. Temporary orders.
(a) On a motion by a party and a showing of clear and convincing evidence of parentage, the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is:
(1) a presumed parent of the child;
(2) petitioning to have parentage adjudicated;
(3) identified as the father through genetic testing

under Article 4 of this Act;

(4) an alleged father who has declined to submit to

genetic testing;

(5) shown by clear and convincing evidence to be the

child's father;

(6) the mother of the child; or
(7) anyone else determined to be the child's parent.
In determining the amount of a temporary child support award, the court shall use the guidelines and standards set forth in Sections 505 and 505.2 of the Illinois Marriage and Dissolution of Marriage Act.
(b) A temporary order may include provisions for custody and parenting time as provided by the Illinois Marriage and Dissolution of Marriage Act.
(c) Temporary orders issued under this Section shall not have prejudicial effect with respect to final support, custody, or parenting time orders.
(Source: P.A. 99-85, eff. 1-1-16.)

(750 ILCS 46/502)
Sec. 502. Injunctive relief.
(a) In any action brought under this Act for the initial determination of parentage, custody or parenting time of a child, or for modification of a prior custody or parenting time order, the court, upon application of a party, may enjoin a party having physical possession or custody of a child from temporarily removing the child from this State pending the adjudication of the issues of parentage, custody, and parenting time. When deciding whether to enjoin removal of a child, or to order a party to return the child to this State, the court shall consider factors including, but not limited to:
(1) the extent of previous involvement with the child

by the party seeking to enjoin removal or to have the absent party return the child to this State;

(2) the likelihood that parentage will be

established; and

(3) the impact on the financial, physical, and

emotional health of the party being enjoined from removing the child or the party being ordered to return the child to this State.

(b) A temporary restraining order or preliminary injunction under this Act shall be governed by the relevant provisions of Part 1 of Article XI of the Code of Civil Procedure.
(c) Notwithstanding the provisions of subsection (a) of this Section, the court may decline to enjoin a domestic violence victim having physical possession or custody of a child from temporarily or permanently removing the child from this State pending the adjudication of issues of custody or parenting time. In determining whether a person is a domestic violence victim, the court shall consider the following factors:
(1) a sworn statement by the person that the person

has good reason to believe that he or she is the victim of domestic violence or stalking;

(2) a sworn statement that the person fears for his

or her safety or the safety of his or her children;

(3) evidence from police, court, or other government

agency records or files;

(4) documentation from a domestic violence program if

the person is alleged to be a victim of domestic violence;

(5) documentation from a legal, clerical, medical, or

other professional from whom the person has sought assistance in dealing with the alleged domestic violence; and

(6) any other evidence that supports the sworn

statements, such as a statement from any other individual with knowledge of the circumstances that provides the basis for the claim, or physical evidence of the domestic violence.

(Source: P.A. 99-85, eff. 1-1-16.)