Putting the Cart Before the Divorce: Pre-Decree Relocation Under 750 ILCS 5/603.5 and 5/609
By John P.M. Peskind
Family Law,
February 2026
The relocation statute presumes that an Allocation Judgment has already been entered in a matter; however, family law practitioners know that seeking relocation during the pendency of a proceeding is sometimes necessary. If, after considering the potential impact of a relocation on the non-relocating parent, a court finds that a relocation would serve the children’s best interest—then the children should relocate. It is difficult to see why the pre- or post-decree status of the case should have any bearing on this analysis.
Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.
Select a Different Author
