Can a Parent Keep a Child From the Other Parent in Illinois?

Can a parent keep a child from the other parent in Illinois?

Not when a court order gives the other parent parenting time. A parent who does not follow allocated parenting time can be ordered to provide makeup time and can face other penalties (750 ILCS 5/607.5). When there is no order, the answer is different: there is no schedule for the court to enforce yet, so the parent being kept from the child asks the court to set one.

Either way, the decision belongs to a judge. Before a final judgment, the court may enter a temporary allocation of parental responsibilities in the child's best interests (750 ILCS 5/603.5(a)). If safety is the concern, the court has tools for that too, described below.

When there is a parenting order

If you have an approved parenting plan or a court order, follow it, and if the other parent does not, ask the court to enforce it. Illinois law requires the court to provide an expedited procedure for enforcing allocated parenting time (607.5(a)).

A parent, or a person the court appointed for the child, can start an enforcement action by filing a petition (607.5(b)). The petition states the terms of the parenting plan or order then in effect, the nature of the violation with dates and other details, and that a reasonable attempt was made to resolve the dispute. Keep a log of each missed visit, with the date, the time and what was said, and save the messages.

What the court can order

If the court finds by a preponderance of the evidence that a parent has not complied with allocated parenting time, it shall issue an order in the child's best interests that may include one or more of the following (607.5(c)):

• additional terms and conditions consistent with the existing allocation of parenting time;
• a parental education program, at the non-complying parent's expense;
• family or individual counseling, with the cost allocated by the court;
• a cash bond or other security to ensure future compliance;
• makeup parenting time of the same type and duration, generally within 6 months after the noncompliance;
• a finding of contempt of court;
• a civil fine for each incident of denied parenting time; and
• reimbursement of reasonable expenses caused by the violation.

Attorney fees for the parent who was denied time

Except for good cause shown, the court shall order a parent who failed to provide allocated parenting time to pay the other parent's reasonable attorney's fees, court costs and expenses for the enforcement action (607.5(d)). The rule cuts both ways: if the court finds that the parent accused of withholding did not violate the order, it may order the parent who filed to pay that parent's fees. Bring a petition only when the facts support it.

Contempt is another path. Our guide to the petition for rule to show cause in Cook County explains how contempt petitions work.

When there is no parenting order

Ask the court to allocate parenting time. Until a court enters an order, there is no allocated parenting time to enforce, so the first step is a case that asks the court to set a schedule. The court allocates parenting time according to the child's best interests (750 ILCS 5/602.7(a)).

Married parents

A married parent can ask for parenting time in a divorce or legal separation case, or in a case for allocation of parental responsibilities; the Cook County Domestic Relations Division hears all three. While the case is pending, the court may order a temporary allocation in the child's best interests, after a hearing or, if there is no objection, on a parenting plan that meets the minimum requirements of the statute (603.5(a)). See our guide on how to get child custody in Illinois.

Unmarried parents and parentage

For parents who were never married, parentage usually comes first. In a parentage case, the court issues an order deciding whether a person is the child's parent, and the judgment may contain or reserve provisions on parental responsibilities and parenting time (750 ILCS 46/802(a)).

The Parentage Act also has a rule for judgments that leave parental responsibilities out. If a parentage judgment sets child support or gives one parent parenting time without an explicit allocation, it is treated as allocating all parental responsibilities to the other parent. If the judgment contains no such provisions, parental responsibilities are presumed to be allocated to the mother, unless the child has lived primarily with the other parent for at least 6 months before the mother seeks to enforce the judgment (802(c)). These rules are a reason to ask for a clear, written allocation. Read how to establish paternity in Illinois. If a Voluntary Acknowledgment of Paternity was signed, read whether signing a VAP gives parenting time.

When safety is the reason

If you believe your child is in danger with the other parent, call 911 in an emergency and ask the court for protection quickly. A court order addresses the danger directly and gives both parents clear terms.

An order of protection is one option when there has been abuse by a family or household member. If the court finds abuse, an order prohibiting it shall issue when the other requirements are met (750 ILCS 60/214(a)), and its remedies include physical care and possession of the minor child (214(b)(5)). An emergency motion in a parenting case is another; see our emergency child custody page.

The criminal statute discussed below recognizes an affirmative defense when a parent acted to protect the child from imminent physical harm, if the belief was reasonable and withholding the time was a reasonable response (720 ILCS 5/10-5.5(g)(1)). A defense is not a court order. If you have a real safety concern, take it to the court.

Is keeping a child from the other parent a crime in Illinois?

It can be. A person who, in violation of the parenting time or custody provisions of a court order, detains or conceals a child with intent to deprive another person of that time commits unlawful visitation or parenting time interference (720 ILCS 5/10-5.5(b)).

The offense is a petty offense. After 2 prior convictions, a further violation is a Class A misdemeanor (10-5.5(c)). A law enforcement officer who has probable cause to believe the offense was committed shall issue a notice to appear (10-5.5(d)).

A ticket does not restore the lost time. The family court enforces the parenting order itself. The firm handles the family court case, not criminal charges; a parent who is charged should talk with a criminal defense lawyer. If a child has been taken or hidden, see our parental child abduction page.

Getting help with denied parenting time

A lawyer can prepare the enforcement petition, gather the evidence of missed time and ask for the remedies that fit. Our court order enforcement lawyer page explains how the firm enforces family court orders, and our child custody page covers new parenting cases, in Chicago and Cook, DuPage, Lake and Will Counties, from the firm's office in Chicago.

Court order enforcement is an individually quoted upfront amount plus $350 per hour; see court order enforcement cost. Limited scope help covers drafting from $500 and one hearing appearance from $1,200. Full representation is an initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active. Fees are confirmed in writing before you engage the firm, and no lawyer can promise a particular result.

Consultations are by phone; a free weekend consultation is available by Zoom. Call 312-965-5618.