What If a Parent Secretly Moves a Child Within Illinois?

 Posted on November 21, 2025 in Family Law

Suppose a parent goes to pick up his or her child on a Friday evening for weekend parenting time, only to find the house cleaned out, with no trace of the other parent or child. A surprise move like this can disrupt a child’s education, relationships, and stability, not to mention wreaking havoc on the parenting plan. You might be surprised to find that this scenario happens more often than many people imagine, particularly in high-conflict cases.

Many parents believe they are within their rights to move, so long as they remain within the state of Illinois. So, what happens when a divorced Illinois parent moves the couple’s child to another city in Illinois without notifying the other parent?  Illinois relocation laws (750 ILCS 5/609.2 and 750 ILCS 5/600) are strict, and secretly relocating a child can trigger severe legal consequences, including the loss of parenting time, court-ordered returns, and being held in contempt.

Before you move your child without telling your ex-spouse, you should know how Illinois law treats relocations. If you are the parent who finds your child has been moved without your knowledge, you should know your rights. Consulting with a knowledgeable St. Charles, IL parenting time attorney is your best course of action to ensure your child’s well-being.

What Does "Relocation" Mean in Illinois?

Parents are allowed to move specific distances in Illinois without providing notice to the other parent. The distance allowed depends on the Illinois county. A parent may move up to 25 miles from a residence in Cook, DuPage, Kane, Lake, McHenry, or Will Counties without providing notice to the other parent.

In all other counties in Illinois, the allowable distance is 50 miles from the original residence without providing notice. Parents may believe that an emergency or a change in employment justifies moving beyond the distances allowed, but this is not true under Illinois law.  

What is the Proper Process for Relocating a Child in Illinois?

The parent who intends to relocate must follow a specific process to avoid serious repercussions. Sixty days’ written notice must be provided to the other parent, and this notice must also be filed with the court. The new address and relocation date should be included in these notifications. The parent who receives notice has the right to object and request a hearing before the move occurs.

A parent who relocates without proper notification has violated the parenting plan, the statutory relocation notification requirements, and the other parent’s fundamental right to parenting time. The court will consider the following factors when determining whether to approve a parent’s relocation:

• The reasons for the move
• The impact the move will have on the child’s school, healthcare, and daily routines.
• The new distance between the two homes
• How willing each parent is to foster a relationship with the other parent
• Whether the move is urgent or safety-related
• Whether there has been a history of parenting interference
• The other parent’s wishes
• How quickly the left-behind parent sought court intervention

What Will the Court Do When a Parent Secretly Relocates a Child?

The left-behind parent may file a motion to compel the child’s return. The court could order the child to be returned to the prior resident. It could also impose contempt findings, attorneys’ fees, makeup parenting time, financial penalties, loss of parenting time, and court-ordered sanctions on the parent who relocated. The court may see a secret move as bad faith or parental gatekeeping.

What To Do If Your Ex Has Secretly Moved Your Child

An emergency motion can be filed if the move has disrupted the child’s schooling or your parenting time. Never attempt to take the child back without a court order. Improved parenting plans with clear relocation clauses, school enrollment notification changes, and penalties for unilateral changes can help prevent secret moves in the future.

Contact a Kane County, IL Family Law Attorney

If your ex has secretly moved your child, you should contact an experienced St. Charles, IL parenting time attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC immediately. Our knowledgeable lawyers can file emergency motions and protect your rights under Illinois relocation laws. MKFM Law serves family law clients from its offices in Kane County, DuPage County, and DeKalb County. Call 630-665-7300 to schedule your initial attorney meeting.