720 ILCS 5/10-5.5 – Unlawful Visitation or Parenting Time Interference

720 ILCS 5/10-5.5 – Unlawful Visitation or Parenting Time Interference

This law makes it illegal to keep a child away from someone who has court-ordered visitation or parenting time rights.

This Illinois law says a person cannot hide or keep a child from another parent or guardian who has the legal right to spend time with the child. If someone breaks this rule, they can be fined, and if it happens more than twice, they can face more serious criminal charges.

(a) Definitions (same as Section 10-5)

1. Child: Someone who is either under 18 years old, or has a severe intellectual disability.
2. Detain: Taking custody of the child, regardless of whether the child resists.
3. Lawful Custodian: Whoever legally has custody of the child. If the parents have never been married, this is normally the mother.

(b) It is against the law for one parent or guardian to keep or hide a child from the other parent or guardian, if it breaks a court order for custody, parenting time, or visitation.

(c) Breaking this law is usually a petty offense, meaning a minor crime. But if someone is convicted of doing it three or more times, it becomes a Class A misdemeanor, which is more serious and can bring stronger punishment.

(d) If a police officer believes someone has broken this law, the officer must give that person a written notice to appear in court.

(e) The notice must:

1. Be written down;
2. Include the person’s name and address, if known;
3. Explain what offense was committed;
4. Be signed by the officer; and
5. Tell the person when and where to appear in court.

(f) If the person does not show up in court, the court can issue a summons or a warrant for arrest.

(g) It can be a valid defense to this charge if:

1. The person acted to protect the child from immediate physical harm, and their motivations and actions were reasonable;
2. All parents or guardians with custody or visitation rights agreed to the action; or
3. The person was allowed by law to do what they did.

View the full statute here.

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