Virtual Visitation Arrives in Illinois
By: Mark W. Salkeld

On January 1, 2010, Illinois became the sixth state to allow virtual visitation, as certain sections of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) were amended to provide for this type of visitation order in divorce matters. While some parties have previously agreed to this form of visitation, it can now be granted and enforced by the court in the absence of an agreement.

In addition to regular periods of one-on-one visitation between the noncustodial parent and minor child(ren), the court has discretion to determine whether electronic communication is appropriate during specified times. Electronic communication may come in various forms, such as telephone, electronic mail, video conferencing, instant messaging and other wired or wireless forms of internet access.

This form of visitation is a significant improvement over traditional visitation, which often simply allowed non-face-to-face telephone communication on limited occasions. Now, through the internet, a noncustodial parent is granted additional time with his or her child during times when the child is not in their care. Such visitation allows the noncustodial parent to see and hear the child, thus promoting better communication and fostering a closer relationship. For instance, through the use of a webcam a noncustodial parent is better able to assist their child with homework.

Many children have access to a computer and the internet. In those instances where easy or immediate computer access is not available, any agreement or court order will need to address who pays for the computer, internet access, web camera, e-mail, appropriate software and quality of the internet access, such as a DSL line or other appropriate bandwidth.

Virtual visitation is intended to supplement rather than replace traditional in-person visitation time, and should never be used to promote the permanent removal of a child from the State of Illinois. In addition to parents, siblings, grandparents and great-grandparents of the child may petition the court to enjoy similar electronic communications.