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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.
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