Fillable Divorce with children - parenting plan (Illinois Courts)

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Divorce with children - parenting plan (Illinois Courts)

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This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.
STATE OF ILLINOIS,
CIRCUIT COURT
COUNTY
PARENTING PLAN
(check the correct box)
Petitioner's Parenting Plan
Respondent's Parenting Plan
Agreed Parenting Plan
Court's Parenting Plan
Instructions
Petitioner (First, middle, last name)
v.
Respondent (First, middle, last name)
Directly above, enter
the county where you
filed this case.
Enter the full name of
Petitioner,
Respondent, and the
case number as listed
on the Petition for
Dissolution of
Marriage/Civil Union
(Divorce with
Children).
Check the box for
whose Parenting Plan
this is.
1.
Parent Information:
Do not complete 1a if
a.
Petitioner's contact information:
Petitioner's information
is protected because of
domestic violence or
Name:
First
Middle
Last
abuse.
Address:
Street Address, Apt.
City
State
ZIP
Phone number:
Email:
Petitioner is employed:
Yes
No
Employer name:
Employer address:
Street Address
b.
City
Employer phone number:
Respondent's contact information:
Name:
First
Middle
State
Last
ZIP
Address:
Street Address, Apt.
Do not complete 1b if
Respondent's
information is protected
because of domestic
violence or abuse.
City
State
ZIP
If this is an agreement,
enter initials on each
page.
Petitioner's initials:
Phone number:
Email:
Respondent is employed:
Employer name:
Yes
No
Respondent's initials:
DV-PP 108.1
Page 1 of 7
(04/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
Employer address:
Street Address
For 1c, if you plan to
move, review Section
10 (Relocation of
Minor Children) to
see if that Section
applies to your move.
In 2, list the name and
birth date for the minor
children of the parties.
This plan is only for
children who are
younger than 18.
2.
City
State
ZIP
Employer phone number:
c.
If a parent plans to move, they must give the other parent at least 60 days notice, or
notice as soon as possible of (1) the intended move date; and (2) the new address unless
the address is protected because of domestic violence or abuse.
This Parenting Plan is for the Following Children Born to or Adopted by the Parties:
Name
Date of Birth
1.
2.
3.
I have listed additional minor children on the attached Additional Minor Children form.
3.
Rights and Responsibilities of Both Parents:
Each parent must:
a.
Make day-to-day decisions for the children when they have them, such as routine discipline,
minor medical treatment, curfew, chores, and hygiene.
b.
Give the other parent the name, address, and telephone number of any health care
provider for the children.
c.
Have access to the children's school records, child care information, extracurricular
activity schedules, and medical, dental, and mental health records unless access is denied
by the court.
d.
Notify the other parent as soon as possible of emergencies, health care, travel plans, or
other significant child-related issues.
4.
Significant Decision Making (check only one option for each category):
a.
Education decisions (includes choice of schools and tutors) will be made by:
Both parents
Petitioner
Respondent
b.
Health decisions (includes medical, dental, and psychological decisions) will be made by:
Both parents
Petitioner
Respondent
c.
Religious decisions will be made by:
Both parents
Petitioner
Respondent
Reserved
d.
Extracurricular/recreational activities decisions will be made by:
Both parents
Petitioner
Respondent
In 5a, decide which of
5.
Parenting Time:
the 3 options is best and
a.
Time During Monday – Friday
then check the box in
front it. Complete the
1.
Petitioner
Respondent will have the children Monday – Friday except
rest of the information
for the following:
for your choice.
Petitioner
Respondent will have time with the children on:
Monday
Tuesday
Wednesday
Thursday
Friday
from
a.m.
p.m.
until
a.m.
p.m.
This will happen:
every week
every other week
Petitioner's initials:
Respondent's initials:
DV-PP 108.1
Page 2 of 7
(04/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
2.
Petitioner
Respondent will have time with the children during Monday –
Friday on:
In 5b, decide which of
the 3 options is best and
then check the box in
front of it. Complete
the rest of the
information for your
choice.
In 5c, make a schedule
for parenting time
during the holidays.
First read both options 1
and 2 and pick either
option 1 or 2. If you
want holidays that are
not listed, you can write
the holidays
you want to
add on the blank line in
1 or in the “other” boxes
in option
2. In option 2,
enter the start and end
time for each holiday
and check which parent
has the holiday in even
years and which has it
in odd years.
3.
Petitioner
Respondent will have no time during Monday – Friday
b.
Time During the Weekend
1.
Petitioner
Respondent will have time with the children
every other weekend
every weekend
from
(day)
at
a.m.
p.m.
to
(day)
at
a.m.
p.m.
2.
Petitioner
Respondent will have time with the children during the
weekend on:
3.
No weekend time
The children will be with the other parent all other weekend time.
c.
Holiday Schedule (check only one)
1.
The holidays shall be divided between the parents as follows:
• In even-numbered years, Petitioner shall have the minor children on Group A
holidays and Respondent shall have the minor children on Group B holidays.
• In odd-numbered years, Petitioner shall have the minor children on Group B
holidays and Respondent shall have the minor children on Group A holidays.
Group A Holidays:
Group B Holidays:
• Thanksgiving Day
• 4
th
of July
• Christmas Eve
• Labor Day
• New Year's Eve
• Christmas Day
•
•
2.
The holidays shall be divided between the parents as follows:
Holiday
Time (include a.m./p.m.)
Even Years
Odd Years
Start Time
End Time
New Year’s Day
Pet. Res.
Pet. Res.
Mother’s Day
Pet. Res.
Pet. Res.
Memorial Day
Pet. Res.
Pet. Res.
Father’s Day
Pet. Res.
Pet. Res.
July 4
th
Pet. Res.
Pet. Res.
Labor Day
Pet. Res.
Pet. Res.
Halloween
Pet. Res.
Pet. Res.
Thanksgiving Day
Pet. Res.
Pet. Res.
Christmas Eve
Pet. Res.
Pet. Res.
Christmas Day
Pet. Res.
Pet. Res.
New Year's Eve
Pet. Res.
Pet. Res.
Other:
Pet. Res.
Pet. Res.
Other:
Pet. Res.
Pet. Res.
Other:
Pet. Res.
Pet. Res.
Other:
Pet. Res.
Pet. Res.
Other:
Pet. Res.
Pet. Res.
Petitioner's initials:
Respondent's initials:
DV-PP 108.1
Page 3 of 7
(04/18)
In 5d
, choose 1, 2 or 3.
If you choose 3, you
must write in the
schedule you want.
Enter the Case Number given by the Circuit Clerk: _________________________________
d.
School Spring Break
1.
No specific spring break schedule (follow the regular parenting schedule)
2.
In even-numbered years, Petitioner shall have the entire spring break.
In odd-numbered years, Respondent shall have the entire spring break.
3.
Other:
e.
School Summer Break
1.
No specific summer break schedule (follow the regular parenting schedule)
2.
Each parent shall have
weeks in the summer:
• In even-numbered years, Petitioner shall have first choice of dates.
• In odd-numbered years, Respondent shall have first choice of dates.
• Each parent will notify the other in writing by May 1
st
each year of the weeks
they wish to have summer parenting time.
3.
Other:
f.
School Winter Break
1.
No specific winter break schedule (follow the regular parenting schedule)
2.
Each parent shall have one-half of the winter break:
• In even-numbered years, Petitioner shall have the first half and Respondent
shall have the second half.
• In odd-numbered years, Respondent shall have the first half and Petitioner
shall have the second half.
3.
Other:
g.
Conflict
If there is conflict, the priority will be:
1st Priority: Holiday
2nd Priority:
School Break
3rd Priority: Regular Weekday/Weekend
For example, it is your weekend to have the children, but Saturday is July 4
th
and it is the other
parent’s turn to have July 4
th
. Because the Holiday schedule has 1st Priority, the other parent
will get their time on July 4
th
even though it is your weekend.
I have listed additional parenting time information on the attached Additional Parenting Time
form.
6.
Transportation of Children (check only one):
a.
Petitioner
Respondent shall provide all transportation.
b.
Each parent shall pick up the children at the start of their parenting time.
c.
Each parent shall drop off the children at the end of their parenting time.
In 5e, choose 1, 2 or 3.
If you choose 3, you
must write in the
schedule you want.
In 5f, choose 1, 2 or 3.
If you choose 3, you
must write in the
schedule you want.
If you need more room
to determine parenting
time, check the box and
fill out the Additional
Parenting Time form
and file it with this
Parenting Plan.
In 6
, read all the options
and choose which
option for transportation
works best. If you
choose "a", check which
parent will provide the
transportation.
Petitioner's initials:
Respondent's initials:
DV-PP 108.1
Page 4 of 7
(04/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
Choose option 7a or 7b
.
If you check 7b, you
must list the address
where the drop off and
pick up of the children
will be.
7.
Exchange of Children:
a.
Drop off and pick up of the children will be at Petitioner's and Respondent's homes
unless both parties agree in advance to a different meeting place.
b.
Drop off and pick up of the children shall take place at:
In 8, check 8a if there
will be no right of first
refusal. Check 8b if
there will be a right of
first refusal.
In 9, state when the
children can
communicate with the
other parent. In 9a, you
must choose one of the
3 options. If you check
Other, you must list
when the parent is able
to communicate with the
8.
First Refusal for Childcare:
a.
There is no right of first refusal.
b.
Each parent must offer the other a first right of refusal as follows:
• If a parent needs childcare for a period of 24 hours or more during their time with the
children, they must give the other parent the option to care for the children before
finding other childcare.
• As soon as the need for childcare is known, the other parent must be immediately
notified.
• The parent offered the right to care for the children must accept the offer within 2
hours, otherwise the parent needing childcare may use another caregiver.
• Transportation of the children is the same as for other parenting time.
9.
Communication:
a.
The parent who does not have the children in their care may have electronic communication
with the children (check only one):
Anytime
Every day between
a.m.
p.m. to
a.m.
p.m.
Other:
children.
b.
Electronic communication includes telephone, e-mail, text, video, etc.
c.
Electronic communication between the children and the other parent must not be
unreasonably monitored or interrupted.
Relocation is when a
parent seeks to move
with children for
distances of over 25 or
50 miles (depending on
county where they live).
10a explains that the
parent who has majority
or equal parenting and
wants to relocate with
children must obtain the
permission of the other
parent or the court.
10b sets out the
information that must
be in the notice and
when the notice must be
given.
10.
Relocation of Minor Children:
a.
If a parent with the majority of the parenting time or equal parenting time wishes to relocate
with the children, they must have the agreement of the other parent or permission from the
court when:
1.
The children's primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will
county and the move is within Illinois but more than 25 miles away from their current
residence; OR
2.
The children's primary residence is in any other county in Illinois and the move is within
Illinois but more than 50 miles away from their current residence; OR
3.
The move is outside of Illinois and more than 25 miles from the children's primary
residence.
b.
The parent asking to relocate with the children must provide written notice to the other
parent. The notice must:
1.
Be given at least 60 days before the relocation unless that is impossible. If
impossible, the notice must be given at the earliest date possible; AND
2.
State the date the parent plans to relocate; AND
3.
State whether the relocation is permanent or for a specific time period; AND
4.
State the new address, if known, unless the address is protected because of domestic
Petitioner's initials:
violence or abuse.
Respondent's initials:
DV-PP 108.1
Page 5 of 7
(04/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
10c1 explains what to
do if the parents agree
on the move and no
change to the Parenting
Plan is needed.
10c2 explains what to
do when the parents
agree to the move and
need to make changes to
the Parenting Plan.
10d explains what to do
if the parents agree with
the move but can’t agree
about the changes to the
parenting time schedule.
10e explains what to do
when the other parent
does not agree with the
move.
Some state or federal
laws require picking a
custodian for the children.
In 11a, choose the parent
with the majority of the
parenting time. If there is
equal parenting time,
check the parent that will
be receiving Federal and
State benefits for the
children, like SNAP or
TANF.
In 11b, choose the
parent that has the
majority of the
parenting time with the
children. If there is
equal parenting time,
check the parent whose
address will be given to
the school as the
children's home address.
c.
Agreement
1. If the parents agree on the move and no change is needed to the parenting time
schedule, both parties shall sign the notices provided about the move and file it with
the court. No court appearance is needed.
2. If the other parent agrees with the move but changes need to be made to
parenting time schedule, and the parents are in agreement about the changes to the
parenting time schedule, the moving parent must:
• Have the other parent sign the notice provided about the move;
• File the signed notice with the court; AND
• File an updated parenting plan with the court. The court does not need to
approve the relocation but the court must approve the changes to the
Parenting Plan.
d.
Partial Agreement
If the other parent agrees with the move, but both parents cannot agree on
changes to the Parenting Plan, the moving parent must:
• Have the other parent sign the notice provided about the move;
• File the signed notice with the court;
• Follow the Resolving Disagreements process set out below to try to reach an
agreement with the other parent about changes to the parenting time schedule; AND
• If no agreement can be reached after completing the Resolving Disagreements
process, file a petition to modify the parenting time schedule with the court.
e.
No Agreement
If the other parent does not agree with the move, the parent relocating must:
• Follow the Resolving Disagreements process set out below to try to reach an
agreement with the other parent; AND
• If no agreement can be reached after completing the Resolving Disagreements
process, file a petition with the court asking for permission to move.
11.
Designation of Children’s Custody and Residence for Other Purposes:
a.
Designation of Custodian for Other Statutes
Petitioner
Respondent is the parent who has the majority of the parenting
time with the children. This designation shall not affect parents' rights and responsibilities
under the Parenting Plan.
b.
Children's Residential Address
Petitioner’s
Respondent’s home is the children's residential address for school
enrollment purposes only.
Petitioner's initials:
Respondent's initials:
DV-PP 108.1
Page 6 of 7
(04/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
12.
Changing the Parenting Plan:
If a parent wants to change this Parenting Plan, they should talk and try to reach an agreement
on their own.
Follow the steps in “a” if there is an agreement. Follow the steps in “b” if there is not.
a.
Agreement
• Temporary changes may be made without filing a written agreement with the court.
•
Permanent changes should be made by filing a new Parenting Plan with the court.
b.
No agreement
• Follow the Resolving Disagreements process set out below to try to reach an
agreement about changes to the Parenting Plan. If an agreement is reached, follow the
steps in “a”.
• If no agreement can be reached after completing the Resolving Disagreements process,
file a petition with the court asking for changes to be made to this Parenting Plan.
• This Parenting Plan must be followed until the parents complete the Resolving
Disagreements process and agree to a new plan or a new Parenting Plan is approved
by the court.
13.
Resolving Disagreements (mediation):
If a parent wishes to change this Parenting Plan or feels the other parent is not following this
Parenting Plan, the parents should talk and try to come to an agreement on their own.
If an agreement cannot be reached, parents must follow the steps below:
a.
Mediation is required on all issues.
Parents must first try to come to an agreement through mediation.
• Both parents must cooperate in scheduling and participating in mediation.
• Both parents must split the cost of mediation equally unless otherwise
ordered by the court.
If mediation is unsuccessful, a parent must file a petition to modify this Parenting Plan
or a petition to enforce this Parenting Plan with the court.
Emergencies: In an emergency situation, a parent may file a petition with the court
to get an immediate resolution without first going through mediation.
b.
Mediation is not required because:
One parent has all significant decision making responsibility.
There is a history of domestic violence between the parties.
Other reason:
Check 13a or b. If you
check b, check the
reason mediation is not
required.
A parent must file a petition to modify this Parenting Plan or a petition to enforce this
Parenting Plan with the court.
Petitioner
Respondent
APPROVED:
Judge
Date
Petitioner's initials:
Respondent's initials:
If this is your plan, sign
it. If both parents agree,
both parents must sign
the plan.
DO NOT complete this
section. The judge will
sign and date here.
DV-PP 108.1
Page 7 of 7
(04/18)
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Divorce with children - parenting plan (Illinois Courts)

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Completed 17 September 2020

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