Child Custody Agreement - Illinois

ILLINOIS CHILD CUSTODY AND PARENTING PLAN AGREEMENT

(“Allocation Judgment” pursuant to 750 Ill. Comp. Stat. 5/602.5 & 5/602.7)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Allocation of Parental Responsibilities (Decision-Making)
   3.2 Parenting Time Schedule
   3.3 Transportation & Exchanges
   3.4 Communication Protocols & Right of First Refusal
   3.5 Relocation & Travel Outside Illinois

4. Representations & Warranties

5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Illinois Child Custody and Parenting Plan Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [FULL LEGAL NAME OF PARENT A], residing at [ADDRESS] (“Parent A”); and
• [FULL LEGAL NAME OF PARENT B], residing at [ADDRESS] (“Parent B,” and together with Parent A, the “Parents”).

WHEREAS, the Parents are the natural/legal parents of the following minor child(ren) (each, a “Child” and collectively, the “Children”):

Parenting-plan contact and school information (750 ILCS 5/602.10(f)):

Personal information under § 602.10(f)(6)-(8) need not be included where there is evidence of or this Agreement states a history of domestic violence or abuse, or disclosure is shown to be against the Child's or a Parent's best interests. Protected information and applicable court direction: [________________________________].

WHEREAS, the Parents seek to allocate parental responsibilities and parenting time in a manner consistent with the best-interest factors enumerated in 750 Ill. Comp. Stat. 5/602.5 & 5/602.7 and to submit this Agreement to the [COUNTY] County Circuit Court, Domestic Relations Division (the “Court”) for incorporation into a final Allocation Judgment;

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the Parents agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Capitalized terms used but not defined elsewhere shall have the meanings assigned in this Section 2.

“Act” means the Illinois Marriage and Dissolution of Marriage Act, 750 Ill. Comp. Stat. 5/101 et seq.

“Decision-Making Responsibilities” has the meaning assigned in Section 3.1.

“Holiday Parenting Time” has the meaning assigned in Section 3.2.3.

“Parenting Time” means in-person time a Child spends with a Parent as allocated in Section 3.2 and includes Regular Weekday/Weekend Parenting Time, Holiday Parenting Time, Vacation Parenting Time, and any additional agreed periods.

“Relocation” has the meaning set forth in 750 Ill. Comp. Stat. 5/600(g).

“Right of First Refusal” has the meaning assigned in Section 3.4.2.

3. OPERATIVE PROVISIONS

3.1 Allocation of Parental Responsibilities (Decision-Making)

3.1.1 Scope. Consistent with 750 Ill. Comp. Stat. 5/602.5(a), the Parents allocate significant decision-making responsibilities for each Child as follows:

3.1.2 Deadlock Resolution. If the Parents are unable to reach agreement on a joint decision after good-faith consultation, they shall:
a. If the Court has not found an impediment to mediation under Rule 905, seek mediation under the applicable circuit program; and, failing resolution,
b. Petition the Court for direction consistent with the Child’s best interests. A Parent may seek court review of an impediment without first mediating.

3.1.3 Emergency Decisions. Either Parent may make emergency healthcare decisions when the Child’s health or safety is at imminent risk, promptly notifying the other Parent.

3.2 Parenting Time Schedule

3.2.1 Regular Weekday & Weekend Parenting Time.
a. Parent A shall exercise Parenting Time every [DAY(S) OF WEEK] from [START TIME] to [END TIME] and alternating weekends beginning [DAY] at [TIME] and ending [DAY] at [TIME].
b. Parent B shall exercise Parenting Time at all other times not allocated to Parent A.

3.2.2 Vacation Parenting Time. Each Parent is entitled to up to [NUMBER] consecutive weeks of Vacation Parenting Time per calendar year upon at least thirty (30) days’ prior written notice to the other Parent.

3.2.3 Holiday Parenting Time. Holiday Parenting Time supersedes Regular and Vacation Parenting Times. The Parents shall alternate the following holidays on an even/odd-year rotation:

3.2.4 Make-Up Parenting Time. Missed Parenting Time due to a Parent’s fault may be rescheduled within thirty (30) days, subject to the other Parent’s reasonable availability.

3.3 Transportation & Exchanges

3.3.1 Responsibility. The receiving Parent shall provide transportation for pick-up; the releasing Parent shall provide transportation for return, unless otherwise agreed.

3.3.2 Location. Exchanges shall occur at [SPECIFY NEUTRAL PUBLIC LOCATION] or as otherwise agreed in writing.

3.3.3 Timeliness. Each Parent shall arrive within a fifteen-minute grace period. Repeated tardiness (three or more occurrences within 60 days) constitutes a material default under Section 6.

3.4 Communication Protocols & Right of First Refusal

3.4.1 Routine Communication. The non-possessory Parent may have reasonable video/telephone contact up to [DURATION] minutes per day between [TIME RANGE].

3.4.2 Right of First Refusal. If a Parent requires child-care for a period exceeding [HOURS] during his/her Parenting Time, that Parent shall first offer the other Parent the opportunity to care for the Child before engaging a third-party caregiver.

3.4.3 Electronic Access. Both Parents may communicate with the Child via email, text, and school portals. Parents shall refrain from monitoring or interfering with such communications.

3.5 Relocation & Travel Outside Illinois

3.5.1 Relocation. A Parent intending to relocate as defined in 750 Ill. Comp. Stat. 5/600(g) must give the other Parent at least sixty (60) days’ written notice and file a copy with the circuit clerk, unless notice is impracticable or the Court orders otherwise. If sixty days' notice is impracticable, give written notice at the earliest practicable date. The notice must include the information required by 750 Ill. Comp. Stat. 5/609.2(d).

3.5.2 Objection Procedure. If the non-relocating Parent signs the notice and the relocating Parent files it with the Court, relocation is allowed without a separate permission ruling under 750 Ill. Comp. Stat. 5/609.2(e). The Court shall modify the parenting plan or allocation judgment to accommodate the agreed relocation if the modification is in the Child's best interests. If the non-relocating Parent objects, does not sign, or the Parents cannot agree on a revised parenting plan, the relocating Parent must petition the Court for permission to relocate under 750 Ill. Comp. Stat. 5/609.2(f).

3.5.3 Out-of-State Travel. Either Parent may travel with the Child outside Illinois for up to [DAYS] with seven (7) days’ prior notice, providing itinerary, accommodation details, and emergency contact information.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Parent represents that he/she has full legal authority to enter into and perform this Agreement and that no other court orders conflict with its terms.

4.2 Paternity/Maternity. Each Parent warrants that the listed Children are his/her biological or legally adopted Children and that no pending action contests parentage.

4.3 No Impediments. Each Parent represents he/she is not subject to any protective order or criminal restriction that would inhibit performance hereunder.

4.4 Accuracy of Information. All information provided in connection with this Agreement is true, correct, and complete in all material respects as of the Effective Date. Each Parent shall notify the other of a change in residence address and phone number, subject to the personal-information safety exception above or a court order. At least sixty (60) days before changing residence, a Parent shall give the other Parent written notice stating the intended date and new address, unless advance notice is impracticable or the Court orders otherwise; if impracticable, notice shall be given at the earliest practicable date.

5. COVENANTS & RESTRICTIONS

5.1 Best-Interest Standard. The Parents shall act at all times in a manner consistent with the Children’s best interests as articulated in 750 Ill. Comp. Stat. 5/602.7(b).

5.2 Non-Disparagement. Neither Parent shall speak negatively of the other Parent in the presence of the Children or allow third parties to do so.

5.3 Access to Records. In compliance with 750 Ill. Comp. Stat. 5/602.11, each Parent shall have equal access to the Children’s school, medical, dental, and extracurricular records.

5.4 Substance Use. A Parent shall not consume alcohol to impairment or use illegal substances during or within twelve (12) hours preceding his/her Parenting Time. Prescription medication shall be taken only as prescribed.

5.5 Firearms & Hazardous Materials. Firearms must be stored unloaded in a locked container, with ammunition stored separately and inaccessible to the Children. Other hazardous materials shall be secured.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute an “Event of Default”:
a. Willful violation of Parenting Time;
b. Failure to share Decision-Making information;
c. Interference with communications;
d. Relocation without compliance with Section 3.5;
e. Three (3) or more instances of tardiness per Section 3.3.3.

6.2 Notice & Cure. Upon an Event of Default, the non-defaulting Parent shall deliver written notice specifying the default. The defaulting Parent shall have seven (7) days to cure, unless the default endangers the Child’s safety, in which case immediate court intervention is permitted.

6.3 Graduated Remedies. If the default is uncured:
a. Mediation under the applicable circuit program, if the Court has not determined that an impediment exists;
b. Interim court-ordered make-up Parenting Time;
c. Contempt proceedings, attorney’s fees, and possible modification of the Allocation Judgment.

6.4 Attorney’s Fees & Costs. A defaulting Parent shall reimburse the non-defaulting Parent for all reasonable attorney’s fees and costs incurred in enforcing this Agreement.

7. RISK ALLOCATION

7.1 Child-Welfare Indemnification. Each Parent (the “Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Parent (the “Indemnified Parent”) against any loss, liability, or expense (including reasonable attorney’s fees) arising from the Indemnifying Parent’s violation of child-welfare laws, orders of protection, or criminal statutes relating to the Children.

7.2 Liability Cap. Not applicable; child-welfare obligations are uncapped under this Agreement.

7.3 Insurance. Each Parent shall maintain health, medical, and dental insurance for the Children as available through his/her employment or at commercially reasonable rates, allocating premium costs [PRO-RATA / 50-50 / OTHER].

7.4 Force Majeure. A Parent’s non-compliance attributable to acts of God, public health emergencies, or government orders shall be excused only to the extent performance is rendered impossible; the Parent shall resume performance as soon as practicable and notify the other Parent in writing within twenty-four (24) hours of the event.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the family laws of the State of Illinois.

8.2 Exclusive Forum. The Parents consent to the exclusive jurisdiction of the Circuit Court of [COUNTY] County, State of Illinois, Domestic Relations Division, for all proceedings concerning this Agreement, including modification and enforcement.

8.3 Mediation. The Parents shall use mediation for eligible parenting disputes as directed by the Court and applicable circuit rules, unless the Court determines an impediment exists. A Parent may ask the Court to assess an impediment, including family violence or abuse, without first attending mediation. Nothing in this section delays a request for emergency relief or requires mediation of a dispute the Court does not refer.

8.4 Arbitration. Consistent with Illinois public policy, the Parents may not submit issues of parental responsibilities or Parenting Time to binding arbitration. However, financial disputes ancillary to this Agreement may be submitted to voluntary, non-binding arbitration upon mutual written consent.

8.5 No Jury Trial. Custody matters are within the equitable jurisdiction of the Court; jury trial is unavailable.

8.6 Injunctive Relief. Nothing herein limits the Court’s authority to issue temporary or permanent injunctive relief, including emergency custody or parenting-time restrictions.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver shall be effective unless in writing, executed by both Parents, and entered by the Court.

9.2 Assignment. Parental responsibilities are personal and may not be assigned or delegated without Court approval, except as expressly permitted for caregivers under Section 3.4.2.

9.3 Successors & Assigns. This Agreement binds and inures to the benefit of the Parents and their respective heirs, legal representatives, and permitted assigns.

9.4 Severability. If any provision is held invalid, the remaining provisions shall continue in full force, and the Court is requested to reform the invalid provision to conform as nearly as possible to the Parents’ intent and Illinois law.

9.5 Integration. This Agreement, together with any exhibits and the Court’s Allocation Judgment, constitutes the entire understanding of the Parents and supersedes all prior parenting plans.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original. Facsimile, scanned, and electronic signatures are binding.

9.7 Notice. All notices required herein shall be in writing and delivered by (i) certified U.S. mail, return-receipt-requested, (ii) courier with proof of delivery, or (iii) electronic mail with confirmation of receipt, to the addresses set forth in the preamble (or such other address as a Parent may designate in writing).

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parents have executed this Agreement as of the Effective Date.

OPTIONAL NOTARY ACKNOWLEDGMENT (Illinois)

State of Illinois )
County of [COUNTY] )

On this ___ day of __________, 20__, before me, the undersigned Notary Public, personally appeared [NAME OF PARENT], proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same for the purposes therein contained.

___________________________
Notary Public
My commission expires: __________

(Repeat for second Parent)