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United States · Illinois civil appeals

When is an Illinois Rule 306 custody or relocation petition due?

For a qualifying Rule 306(a)(5) interlocutory minor-related order, file the petition, supporting record and any petitioner memorandum in the Appellate Court within fourteen days after actual entry or denial. Include proof of personal or email service and serve the petition on the trial judge. This calculator assumes no different court order.

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Period
Fourteen calendar days under the established Rule 306(b)(1) branch
Trigger
Actual entry or denial of the qualifying Rule 306(a)(5) order
Rule
Illinois Supreme Court Rule 306(a)(5), (b)(1)
Illinois Supreme Court Rules

Current official individual rules, including Rule 9 amended May 29, 2026 and Rule 373 amended November 13, 2025

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What starts this Illinois appellate period?

Identify the qualifying interlocutory order and whether another rule specifically provides its appeal.

Obtain actual entry or denial from the circuit court record.

Check any Appellate Court order changing the schedule, materials or form.

Illinois Supreme Court Rule 306(a)(5), (b)(1)

How is this Illinois appellate period counted?

  1. Identify the qualifying interlocutory order and whether another rule specifically provides its appeal.
  2. Exclude the independently established triggering day and count intermediate calendar days under 5 ILCS 70/1.11. A filing, entry, effective service or previously established due date must come from its actual record. Do not substitute one event for another.
  3. Check statutory holidays and the proper court’s actual calendar.
  4. Complete the particular act in the proper court.

Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.

5 ILCS 70/1.11

What do independently derived facts show?

Fictitious example

Fictitious facts. A qualifying minor-related order is entered under the ordinary fourteen-day procedure. The established event occurs on August 2, 2027. No additional closure or different order applies.

Example counting steps
StepWhat is countedDate
Established eventActual entry or denial of the qualifying Rule 306(a)(5) orderAugust 2, 2027
Applicable periodFourteen calendar days under the established Rule 306(b)(1) branchMonday, August 16, 2027
Example resultMonday, August 16, 2027

Fictitious facts. The appeal classification and triggering event are independently established. No additional closure, court order or unmodeled restart is assumed.

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Which qualifications and court directions matter?

Minor-related interlocutory orders have a separate procedure
Rule 306(a)(5) covers the stated care, custody, parental-responsibility and relocation orders for unemancipated minors when appeal is not otherwise specifically provided. Paragraph (b) supplies its accelerated petition and response. Other Rule 306 classes use paragraph (c).
The petition requires an authenticated supporting record
Rule 306(b)(1) requires the appealed or proposed order and necessary supporting matters. Authenticate the record by the circuit clerk’s certificate or filing attorney’s or party’s affidavit. Petition, record and any petitioner memorandum share the fourteen-day filing period.
Personal or email service and trial-judge service matter
Rule 306(b)(1) requires proof of personal or email service and service of the petition on the trial judge. Paragraph (b)(2) separately starts the responding memorandum from service of the petition and petitioner memorandum.
Replies and extensions require an actual order
Rule 306(b)(3) allows neither replies nor extensions except by court order. Paragraph (b)(4) permits another schedule, omission of memoranda or other materials. A request alone does not establish relief.
Allowed appeals enter Rule 311(a)
Rule 306(b)(5) requires service of the grant order on the circuit court and opposing parties and applies the expedited Rule 311(a) procedure. Permitting the petition or answer to stand as a brief requires timely notice.
Illinois Supreme Court Rule 306(a)(5), (b)(1)
  • The calculator does not decide appealability, disputed facts, sufficiency of a filing or whether the court grants relief.
  • Check the governing edition and actual orders. A current rule does not establish every historical appeal’s timetable.

What must be filed, served and preserved?

Questions about this Illinois appellate act

When is an Illinois Rule 306 custody or relocation petition due?

Can the supporting record be omitted?

Rule 306(b)(1) requires the authenticated supporting record with the petition.

Illinois Supreme Court Rule 306(b)(1)

May ordinary mail replace the specified service?

The petition requires proof of personal or email service. Apply the prescribed method.

Illinois Supreme Court Rule 306(b)(1)

Is a reply or extension automatic?

Rule 306(b)(3) requires a court order. Check any actual paragraph (b)(4) variation.

Illinois Supreme Court Rule 306(b)(3)–(4)

Official sources and review

Provisions used (12)
Provisions used in this guide
ProvisionPurpose
Illinois Supreme Court Rule 306(a)(5), (b)(1)The actual actor, event and specific procedural period
Illinois Supreme Court Rule 306(a)(5), (b)–(c)Minor-related interlocutory orders have a separate procedure
Illinois Supreme Court Rule 306(b)(1)The petition requires an authenticated supporting record
Illinois Supreme Court Rule 306(b)(1)–(2)Personal or email service and trial-judge service matter
Illinois Supreme Court Rule 306(b)(3)–(4)Replies and extensions require an actual order
Illinois Supreme Court Rule 306(b)(5)Allowed appeals enter Rule 311(a)
5 ILCS 70/1.11First-day exclusion and final weekend or statutory holiday
205 ILCS 630/17Statutory holidays, including Pulaski Day, Good Friday and general election day
Illinois Supreme Court Rule 9(f)Applicable filing, service, proof and effective-date requirements
Illinois Supreme Court Rule 11Applicable filing, service, proof and effective-date requirements
Illinois Supreme Court Rule 12Applicable filing, service, proof and effective-date requirements
Illinois Supreme Court Rule 373Applicable filing, service, proof and effective-date requirements
Read the current official Illinois Supreme Court Rules

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