SPECIAL RULES
FOR DIVORCES WITH CHILDREN

The Illinois Supreme Court adopted new rules, effective July 1, 2006, pertaining
to divorces where children were either born or adopted during the course of the
marriage and to child custody proceedings in general.  These rules are set forth
below:

  • Parenting Education Requirement.  If children were born or adopted  
    during the course of the marriage, Rule 924 requires the parents to
    attend an approved parenting education program.  

  • Case Management Conferences.  A case management conference is a
    court date wherein the case is discussed between the judge and counsel
    familiar with the case and authorized to act on behalf of the client.  Case
    Management Conferences were created by Supreme Court Rule 218
    which sets forth the manner in which the conference is to be conducted.  
    However, Rule 923 imposes additional requirements beyond Rule 218 in
    divorces involving children (either born to or adopted by the divorcing
    couple) and shortens the initial case management conference deadline
    to no later than 90 days after service of the complaint (divorce petition).  
    Further, Rule 923 requires discussion of the parenting education class,
    the filing of an agreed order for custody and visitation (see
    custody/visitation - agreed below), or ordering mediation if
    custody/visitation is contested (see custody/visitation - contested) and
    either a trial or another case management conference must be
    scheduled.

  • Time Limitations.  Rule 921 sets all child custody deadlines at 18
    months from the date of the service on the petition to final order.  
    Extensions can only occur if the court makes specific findings to allow the
    extension.

  • Mediation.  Rule 905 requires all divorcing parents who do not reach
    agreement on all issues pertaining to custody and visitation are required
    to attend mediation in an attempt to resolve these issues.  The time
    constraints for mediation are set forth in Rule 923(a)(3).  The minimum
    mediation requirements are set forth in Rule 99(b)(2).
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