Volume 20-06| June 2020
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We hope to provide updates and awareness of legal issues through this newsletter. In this month's issue we focus on relocation and evictions. We want to assure you that we continue to closely monitor the quickly developing effects of the Coronavirus (COVID-19) pandemic on the justice system. Have a safe and happy 4th of July!
Relocation Case Update:
IRMO: Prusak 2020 IL App (3d) 190688
Are you considering moving away from your current residence? Do you have the majority or equal parenting time with your minor children? What are the reasons for your move? You may be permitted to move with your minor children, but you will have to properly present the facts to the court in seeking relocation.

Relocation is governed by Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act. Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act was amended to clarify the requirements surrounding moving children away from their current primary residence. The amendment became effective January 1, 2016. Since that date, there have been a few appellate court cases that have provided some guidance regarding parents’ attempts to move the children away from their current residences. 

In order to relocate with the minor children, the requesting party must provide written notice of the relocation to the other parent and file a copy of that notice with the clerk of the circuit court. The notice must provide 60 days’ notice of the intended date of relocation. The address and the length of time the relocation will last. If the non-relocating parent objects to the relocation, a petition must be filed to seek permission from the court to relocate.

The court In re Marriage of Prusak , was presented with facts in support of mother’s petition to relocate from Naperville, Illinois to Evansville, Indiana. The Appellate Court determined. (Read more)

Moratorium on Evictions
The Coronavirus Economic Stabilization Act of 2020 (“CARES Act”) provides much needed relief to individuals during the COVID-19 pandemic. The CARES Act was passed by Congress and signed into law on March 27, 2020. In an earlier article we discussed the stimulus package and the impact that the payments have on divorced and divorcing parents. Another important provision contained in Section 4024 of the CARES Act relates to rental property and evictions.

Section 4024 of the CARES Act imposes a moratorium, or freeze, on evictions from certain covered property. The CARES Act only applies to properties with federally backed mortgage loans or properties that participate in certain covered housing programs and receive federally related financing. Landlords of certain covered dwellings are prohibited from initiating eviction proceedings against their tenants. The protections provided for in the CARES Act which relate to eviction proceedings remain in place for 120 days from the date the CARES Act was enacted or through July 25, 2020.

The CARES Act requires that landlords serve a 30-day notice of termination of tenancy on the tenant after the protections expire. Typically, landlords would be able to serve a five-day notice on tenants for non-payment of rent. However, the CARES Act requires a 30-day notice to be served in all circumstances only after July 25, 2020. (Read more)
Check out the changes happening at Gehris & Associates, LLC.

We are now available to handle Family Law, Divorce, Orders of Protection, Foreclosures, and Estate Planning matters in Kane County, Lake County and McHenry County.

We received an A+ rating with the Better Business Bureau.

Check out our redesigned website which provides information about each of our attorneys, our law firm and the practice areas that our firm handles.

We will continue to monitor the COVID-19 situation and will follow guidance from public health officials and government agencies, so we can continue to support our clients and communities as needed.
Gehris & Associates, LLC
820 E. Terra Cotta Ave., Crystal Lake, IL 60014