750 ILCS 5/603.10: Restriction of Parental Responsibilities

Pursuant to 750 ILCS 5/603.10, the court may restrict parenting time if after a hearing, the court finds by a preponderance of the evidence that a parent engaged in any conduct that seriously endangered the child's mental, moral, or physical health or that significantly impaired the child's emotional development. The court may order a reduction, elimination, or adjustment of the parent's decision-making responsibilities or parenting time. Alternatively, the court may order supervision, or require the exchange of the child between the parents through an intermediary or in a protected setting. Furthermore, the court may restrain a parent's communication with or proximity to the other parent or the child.

If the basis for restricting parental responsibilities is a parent's addiction or abuse, the court can require the parent to abstain from possessing or consuming alcohol or non-prescribed drugs while exercising parenting time with the child and within a specified period immediately preceding the exercise of parenting time. Additionally, it can require a parent to complete a treatment program for drug or alcohol abuse, or for other behavior that is the basis for restricting parental responsibilities. Moreover, the court may order "any other constraints or conditions that the court deems necessary to provide for the child's safety or welfare."

Section b states that: "The court may modify an order restricting parental responsibilities if, after a hearing, the court finds by a preponderance of the evidence that a modification is in the child's best interests based on (i) a change of circumstances that occurred after the entry of an order restricting parental responsibilities; or (ii) conduct of which the court was previously unaware that seriously endangers the child. In determining whether to modify an order under this subsection, the court must consider factors that include, but need not be limited to, the following:

(1) abuse, neglect, or abandonment of the child;
(2) abusing or allowing abuse of another person that had an impact upon the child;
(3) use of drugs, alcohol, or any other substance in a way that interferes with the parent's ability to perform caretaking functions with respect to the child; and
(4) persistent continuing interference with the other parent's access to the child, except for actions taken with a reasonable, good-faith belief that they are necessary to protect the child's safety pending adjudication of the facts underlying that belief, provided that the interfering parent initiates a proceeding to determine those facts as soon as practicable."

The burden is on the parent seeking to restrict parenting time to show that the other parent is a serious endangerment to the child. See In re Marriage of Fields, 283 Ill. App. 3d 894.