HB5580 Summary

• Creates new Section 612 establishing procedures for courts to determine whether allegations of child abuse or neglect in custody/visitation proceedings are false, with false meaning the parent knew the allegation lacked merit or made it with malicious intent.

• Imposes penalties on parents making false abuse allegations including monetary sanctions equal to all costs incurred by the accused party and the Department of Children and Family Services, plus attorney's fees and possible civil or criminal contempt findings.

• Requires a second false allegation to result in permanent bar from custody or visitation rights with the child involved in the allegations.

• Designates a false allegation finding as a change in circumstance allowing modification of existing custody orders and grants standing for earlier custody modification requests within the standard 2-year period.

• Adds false allegation consideration as a factor in custody (Section 602) and visitation (Section 607) best interest determinations.