Illinois Proposal Would Fine Visitation and Custody Violators, but....

A bill working its way through the Illinois state legislature proposes a $100 fine for anyone who interferes with court-ordered custody or visitation. The proposal also calls for similar penalties for anyone who violates a protective order. Proceeds, less a 10 percent handling fee, would pay for free legal advice for domestic violence victims. Another provision allows a court to suspend the fine if it would unduly burden a person who didn't violate a court order.  It's curious a bill designed to discourage visitation interference would fund another domestic violence program.  You would think such a bill would direct the fines to programs to address systemic problems parents experience with access and visitation.

The sponsor of HB5942, State Rep. Robert W. Pritchard of Sycamore, said he initially intended to address violations of child custody and visitation orders. The domestic violence portion was added after discussions with attorneys, domestic violence groups and others. "That's how we morphed into this particular bill," Pritchard explained. The idea of using the funds to help people dealing with violations of custody or visitation orders did not come up, he said. 

Allowing courts to forego the fines was intended to keep domestic violence victims from paying fines for their abusers, he said.  "The abusers would be fined and the victims would often pay that fine because they were the only ones with income," he explained. Pritchard denied the provision was a loophole designed to allow custodial parents to avoid paying fines. "That clearly is not the intent," he said.

The bill has most recently been referred to the rules committee. Pritchard said he welcomes input from interested parties, including shared parenting advocates. Let's oblige Rep. Pritchard, send him your story on how difficult it is to enforce orders when visitation is being denied.  He can be reached by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . The details of the bill are available at (http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=5942&GAID=10&SessionID=76&LegID=51606 <http://www.acfc.org/site/R?i=kaDGjUIfSK0oTjWifSYETQ..> ).