Can I Restrict My Ex’s Parenting Time?

When emotions run high during and after a divorce or separation, one of the most challenging issues for parents can be navigating parenting time. You may find yourself wondering: Can I restrict my ex’s parenting time? Whether you’re concerned about your child’s safety, well-being, or simply facing a contentious co-parenting situation, it’s important to understand the legal standard for restricting parenting time in Illinois.

Below, we break down what the law says, when courts may impose restrictions, and what you can expect if you’re considering (or facing) a request to limit parenting time.

Parenting Time vs. Custody: A Quick Clarification

First, let’s clarify terms. In Illinois, the term “custody” is no longer used to describe the time spent between children and parents. Instead, the law refers to parental responsibilities (which includes decision-making about major issues like education and healthcare) and parenting time, which refers to when each parent has the child physically in their care. See 750 ILCS 5/600(d)-(e).

Even if one parent has the majority of parenting time or decision-making authority, both parents typically have the right to maintain a relationship with their child—unless there are legitimate reasons to limit that interaction.

The General Presumption: Parenting Time Is in the Child’s Best Interest

Under Illinois law, courts start with a strong presumption that it is in the best interest of the child to have a meaningful relationship with both parents. See 750 ILCS 5/602.7(b). Section 602.7 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs parenting time and states that restrictions can only be placed under limited circumstances.

This means that a judge will not restrict parenting time simply because of disagreements, personality conflicts, or differing parenting styles. The standard is much higher.

When Can Parenting Time Be Restricted?

The governing statute is 750 ILCS 5/603.10, which allows a court to restrict parenting time only if it finds, after a hearing, that unrestricted parenting time would seriously endanger the child’s physical, mental, moral, or emotional health.

“Seriously endanger” means more than just an inconvenience or a personal dislike. The concern must be significant and well-supported. In re Marriage of Lindell, 2023 WL 8713618 (Ill.App. 2 Dist.). The endangerment must be to the child’s physical, mental, moral, or emotional health. There must be a factual basis for the restriction, not just speculation or uncorroborated allegations. The party trying to restrict the other parent’s parenting time must prove allegations of serious endangerment by a preponderance of the evidence. See 750 ILCS 5/603.10. In short, restrictions are considered a last resort, used only when parenting time would pose a real risk to the child.

What Do Restrictions Look Like?

If a court determines that a parent’s time with their child presents a serious danger, it can impose specific limitations. These may include:

• Supervised parenting time (e.g., visits must occur with a third party or at a designated center)
• Limits on overnight visits
• Prohibitions on certain activities (such as substance use during or prior to visits)
• Mandated participation in therapy or parenting classes
• Suspension of parenting time (in rare and extreme cases)

Restrictions are tailored to the nature of the endangerment and are not intended to be punitive—they are designed to protect the child while still supporting the goal of eventual reunification where appropriate.

Common Grounds for Restricting Parenting Time

While every case is different, courts may consider restrictions where there is credible evidence of:

• Abuse or neglect of the child
• Domestic violence, particularly if the child was exposed
• Substance abuse that impairs the parent’s ability to safely care for the child
• Severe mental illness without appropriate treatment or medication
• Criminal behavior, especially if it creates a direct risk to the child
• Inappropriate or dangerous living conditions

See 750 ILCS 602.7(b). It’s important to note: you must provide evidence. See 750 ILCS 5/603.10. Allegations alone are not enough. This might include police reports, medical records, witness testimony, or expert evaluations.

Case Study: In re Marriage of Lindell

During a divorce proceeding, a Father filed a petition to restrict Mother’s parenting time because he believed Mother was abusing drugs, had an eating disorder, and needed mental health treatment. In re Marriage of Lindell, 2023 WL 8713618 (Ill.App. 2 Dist.). The Court appointed a professional to evaluate the three minor children’s best interests related to parenting time and the allocation of parental responsibilities, commonly known as a Custody Evaluation. See 750 ILCS 5/604.10(b). Based on credible allegations of drug use by Mother, the Court ordered Mother to submit to a hair follicle test. It turns out that Mother was a severe alcoholic that misused/abused alcohol, opiates, sleeping medications, and benzodiazepines to cope with several mental health disorders. The Guardian ad Litem in the case as well as the custody evaluator were very concerned about the impact of this substance abuse on the children while they were in Mother’s care. Both professionals recommended that Father be granted sole decision-making and majority parenting time. The Court ultimately granted those recommendations and implemented a parenting time restriction on Mother’s parenting time: she was required to have supervised visitation only, with no overnight parenting time.

This case provides an example of the type of serious endangerment that must be present before a court can restrict parenting time (severe substance abuse) and the types of restrictions available (supervised visitation, no overnight parenting time). It also demonstrates the type of evidence used to prove these allegations (hair follicle test results, reports by custody evaluators, reports and testimony by a Guardian ad Litem).

What If You’re Concerned for Your Child’s Safety?

If you believe your child is in immediate danger, you should contact law enforcement or DCFS right away. For non-emergency concerns, your first step is to consult with a family law attorney who can help you assess your situation and determine whether a petition to restrict parenting time is appropriate.

If a serious issue arises, a parent can file a motion to restrict parenting time, supported by evidence, asking the court to conduct a hearing. In some cases, a court can issue temporary emergency restrictions while the matter is under review.

Can Parenting Time Be Modified Without a Restriction?

Yes. If the issue doesn’t rise to the level of serious endangerment but parenting time isn’t working for practical reasons (e.g., a change in work schedule or child’s needs), you can ask the court to modify parenting time under the “best interests of the child” standard. See 750 ILCS 602.7. This is different from a restriction and does not require evidence of danger or harm.

The Bottom Line

While Illinois law allows parenting time restrictions, they are not granted lightly. The court’s guiding principle is always the best interests of the child, and that includes maintaining relationships with both parents unless doing so poses a serious risk.

If you’re considering requesting a restriction, or believe you’re being unfairly targeted, it’s essential to seek advice from an experienced family law attorney. Contact O. Long Law, LLC to speak with a family law attorney that can help you understand your rights, assess your evidence, and navigate the legal process with clarity and confidence.