When Will a Court Restrict a Parent’s Parenting Time?
- Rebecca LaRocque
- May 25
- 5 min read
When parents separate or divorce, Illinois courts generally want children to have a healthy relationship with both parents. That means regular parenting time is usually encouraged, not limited.
But there are situations where a court may decide that a parent’s time with a child needs limits or conditions. In Illinois, this is called a restriction of parenting time.
A restriction is not ordered simply because parents disagree, because one parent is frustrated with the other, or because one parent has a different parenting style. The court must find something more serious: that the parent’s conduct puts the child at risk.
Illinois Starts with the Child’s Best Interests
In every parenting-time case, the court’s primary focus is the child’s best interests. Illinois law directs courts to allocate parenting time according to the child’s best interests and lists several factors the judge may consider, including the child’s needs, the child’s adjustment to home and school, each parent’s ability to put the child’s needs first, and any other factor the court finds relevant. See 750 ILCS 5/602.7.
However, there is an important difference between allocating parenting time and restricting parenting time.
Allocation means deciding when each parent will have time with the child.
Restriction means placing a condition or limitation on that time—such as supervision, alcohol testing, therapy, or limits on where visits may occur.
Illinois courts have made clear that restrictions require a higher showing than a general best-interests analysis. In In re Hipes, 240 N.E.3d 614 (Ill. App. 2023), the appellate court explained that the best-interest standard governs allocation of parenting time, while the stricter “serious endangerment” standard governs restrictions.
What Must Be Proven Before Parenting Time Is Restricted?
Under Illinois law, a court may restrict parenting time only after a hearing and only if it finds, by a preponderance of the evidence, that a parent engaged in conduct that:
seriously endangered the child’s mental, moral, or physical health; or
significantly impaired the child’s emotional development.
See 750 ILCS 5/603.10.
This is a serious standard. Illinois courts have described it as “onerous, stringent, and rigorous” because liberal parenting time is the rule and restricted parenting time is the exception. The appellate court repeated that principle in In re Mayes, 2018 IL App (4th) 180149.
In plain English: the parent asking for restrictions must bring evidence showing that the other parent’s conduct creates a real risk of harm to the child—not just that the other parent is difficult, unpleasant, or imperfect. Inconvenience to you, is not a reason to restrict.
What Counts as a “Restriction”?
A restriction can take many forms. Depending on the facts, a court may order conditions such as:
supervised parenting time;
reduced parenting time;
no overnight parenting time;
alcohol or drug testing;
a requirement that a parent abstain from alcohol or drugs before or during parenting time;
counseling, treatment, or parenting-related programs;
limits on who may be present during parenting time; or
other conditions needed to protect the child.
Illinois law defines a restriction broadly as a limitation or condition placed on parenting time. See 750 ILCS 5/603.10.
That broad definition matters. For example, in Matthew L. v. Finn (In re G.L.), 2017 IL App (1st) 163171, the trial court limited a parent’s regular parenting time to locations within a one-hour drive of the other parent’s home. The appellate court held that this was a restriction and could not stand unless the court made the required serious-endangerment finding.
Examples of Conduct That May Lead to Restrictions
Every case depends on the facts. But Illinois cases show the types of circumstances that may support restrictions when the evidence shows harm or risk to the child. The burden you have to meet to restrict the other parent's time may be higher than you think.
Anger, Intimidation, and Emotional Harm
In In re Mayes, the court affirmed supervised parenting time where the father’s anger and inappropriate conduct seriously affected the children’s mental and emotional well-being.
The evidence included repeated heated incidents, threatening behavior, the children feeling unsafe, and testimony that the children were shaken or withdrawn after visits.
The appellate court stressed that the case was not about a parent merely raising his voice. The trial court had looked at the totality of the circumstances and the effect on the children.
Alcohol Abuse and Safety Concerns
In In re Hipes, the court affirmed restrictions requiring alcohol testing and certified drug-and-alcohol counseling. The evidence showed a long history of alcohol abuse, relapse, DUI history, domestic violence, and the child’s anxiety and distress connected to the parent’s drinking.
Importantly, the court explained that it did not need to wait for a child to suffer actual physical harm. A serious risk of future harm can be enough when supported by evidence.
Conditions Must Be Tied to the Risk
Restrictions should be designed to protect the child from the specific risk shown by the evidence. In Hipes, alcohol monitoring and counseling were upheld because they directly addressed the parent’s alcohol-related risk. In Mayes, supervision and reduced parenting time were upheld because they addressed the emotional-safety concerns raised by the parent’s conduct.
What Evidence Does the Court Consider?
A judge may consider many kinds of evidence, including:
testimony from the parents;
testimony from the child, when appropriate;
police reports or orders of protection;
medical, counseling, or school records;
communications between the parents;
evidence of substance abuse or relapse;
witness testimony from relatives, teachers, therapists, or supervisors;
guardian ad litem or child representative input, if one is appointed; and
the child’s behavior before, during, and after parenting time.
The focus is not simply whether a parent did something wrong. The key question is whether the conduct seriously endangers the child or significantly impairs the child’s emotional development.
The parent requesting restrictions has the burden of proof. If the evidence does not meet the serious-endangerment standard, a court should not impose restrictions merely because one parent believes restrictions would be better.
Restrictions Are Not Always Permanent
A restriction does not necessarily mean a parent will be limited forever. Courts often tailor restrictions to the current risk and may leave room for future changes if the parent addresses the problem.
For example, a parent may be able to seek expanded or less restricted parenting time after showing:
consistent sobriety;
successful completion of counseling or treatment;
compliance with testing requirements;
improved communication;
anger-management progress;
safe and consistent parenting behavior; or
a meaningful change in circumstances.
In Hipes, the court noted that unrestricted parenting time remained possible in the future if the parent complied with the restrictions and showed sobriety during parenting time.
What This Means for Parents
If you are concerned about your child’s safety or emotional well-being during the other parent’s parenting time, it is important to gather specific evidence. Courts are more likely to act when concerns are documented and connected to the child’s health, safety, or emotional development.
If you are the parent facing a request for restrictions, remember that the court is not supposed to restrict parenting time lightly. The other parent must prove serious endangerment or significant emotional impairment. At the same time, if there are legitimate concerns—such as substance use, anger, unsafe driving, threats, or emotional harm—it is often helpful to address them proactively through treatment, counseling, testing, or other protective steps.
The Bottom Line:
Illinois courts generally favor meaningful parenting time with both parents. But when a parent’s conduct seriously endangers a child’s physical, mental, moral, or emotional health—or significantly impairs the child’s emotional development—the court can place limits or conditions on parenting time to protect the child.
The key questions are:
Because these cases are highly fact-specific, parents should speak with an Illinois family-law attorney about the evidence needed and the options available in their particular situation.
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