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Rule 902 – Pleadings

May 11, 2021 | Family Law, Illinois

(a) Complaint or Petition. The initial complaint or petition in a child custody or allocation of parental responsibilities proceeding shall state (1) whether the child involved is the subject of any other child custody or allocation of parental responsibilities proceeding pending before another division of the circuit court, or another court or administrative body of Illinois or of any other state, an Indian tribe, or a foreign country and (2) whether any order affecting the custody, allocation of parental responsibilities, visitation, or parenting time of the child has been entered by the circuit court or any of its divisions, or by another court or administrative body of Illinois or of any other state, an Indian tribe, or a foreign country. If any child custody or allocation of parental responsibilities proceeding is pending with respect to the child, or any order has been entered with respect to the custody, allocation of parental responsibilities, or visitation, or parenting time of the child, the initial complaint or petition shall identify the tribunal involved and the parties to the action.
(b) Verification of Initial Complaint or Petition. The plaintiff or petitioner in a child custody or allocation of parental responsibilities proceeding shall verify the pleadings required by paragraph (a) of this rule. If the plaintiff or petitioner is a public agency, the verification shall be on information and belief of the attorney filing the pleading and shall state that reasonable efforts were made to obtain all information relevant to the matters verified.
(c) Answer or Appearance. In a child custody or allocation of parental responsibilities proceeding the defendant’s (or respondent’s) answer, if required, shall include a verified disclosure of any relevant information known to the defendant (or respondent) regarding any pending proceedings or orders described in paragraph (a) of this rule. Any defendant or respondent who appears but is not required to file an answer in the child custody or allocation of parental responsibilities matter shall be questioned under oath by the court at the party’s first appearance before the court regarding any proceedings or orders described in paragraph (a) of this rule.
(d) Continuing Duty. The parties have a continuing duty to disclose information relating to other pending child custody or allocation of parental responsibilities proceedings or any existing orders affecting the custody, allocation of parental responsibilities, visitation, or parenting time of the child, and shall immediately disclose to the court and the other parties to the proceeding any such information obtained after the initial pleadings, answer or appearance.

Ill. Sup. Ct. R. 902

Adopted February 10, 2006, effective July 1, 2006; amended March 8, 2016 , effective immediately.

Committee Comments

(Revised March 8, 2016)

Special Supreme Court Committee on Child Custody Issues

The purpose of Rule 902 is to ensure that the trial court is aware of all custody and allocation of parental responsibilities proceedings and orders relating to the child who is before the court. The Special Committee found that child custody and allocation of parental responsibilities, visitation and parenting time may be the subject of multiple proceedings and orders. Rule 902 addresses the problem of multiple proceedings that may occur intrastate and intra-circuit. Multiple proceedings may arise intra-circuit when parties file for relief under different statutory provisions (e.g., an abuse case and a simultaneous guardianship case).

Paragraph (a) provides that the initial pleading of a party to a custody or allocation of parental responsibilities proceeding must include information regarding other pending custody or allocation of parental responsibilities proceedings and prior orders relating to custody, allocation of parental responsibilities, visitation or parenting time. Information in paragraph (a) may be submitted to the court in a joint filing including the information required by section 209(a) of the Uniform Child-Custody and Enforcement Act (750 ILCS 36/209(a) ).

Paragraph (b) requires that the pleadings required by paragraph (a) of this rule be verified by the plaintiff or petitioner in child custody or allocation of parental responsibilities proceedings.

Paragraph (c) provides that parties not required to file pleadings may be questioned by the trial court regarding other pending matters and prior orders.

Paragraph (d) provides that all parties have a continuing duty to disclose such matters to the court.

Requiring disclosure of other proceedings and orders should minimize the possibility of inconsistent child custody or allocation of parental responsibilities orders and help to prevent forum shopping.