FAMILY LAW-USE OF DEFINTIONS

Illinois General Assembly - Full Text of HB5176

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5176

Introduced 2/10/2026, by Rep. Anne Stava

SYNOPSIS AS INTRODUCED:

New Act

Creates the Family Law Definitions Act. Defines and requires the use
of the terms "high conflict", "parental alienation", and "safe parent" in
family law cases. Provides that no alternative similar terms may be used or
invented if their use or interpretation has the purpose or effect of
evading compliance with these definitions. Provides that failure by a
court to apply these definitions, if applicable, is reversible legal error
and is cause for an appeal.
LRB104 20262 JRC 33713 b

A BILL FOR

HB5176
LRB104 20262 JRC 33713 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
Family
5
Law Definitions Act.

6

Section 5.
Findings and purpose.
The General Assembly
7
finds that certain terms are used commonly in many family
8
court proceedings that do not have clear and consistent
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meanings. These terms have significant implications for both
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parents and children and should not be used casually.
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Establishing consistent definitions for these terms will
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enhance the ability of the family law system to reach outcomes
13
that best support the safety, health, and best interests of
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all parties.

15

Section 10.
Definitions.
As used in this Act:
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(a) A parent shall be designated as a "safe parent" if and
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only if the parent:
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(1) does not neglect or abuse the child;
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(2) does not abuse the other parent;
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(3) has not previously neglected or abused the child
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or the other parent, absent a positive assessment, on the
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record, by a qualified physician who has been the abuser's

HB5176
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LRB104 20262 JRC 33713 b
1

primary behavioral health provider for at least one year,
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based on specific and articulable facts, that all of the
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following are true:
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(A) the abuse was the result of a behavioral
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health disorder or psychological or neurological
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condition;
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(B) the abuser has successfully completed
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treatment or is satisfactorily complying with ongoing
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or indefinite treatment, with at least a 12-month
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unbroken history of such compliance; and
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(C) the abuse is unlikely to continue or to recur;
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(4) is judged by court-appointed officers, acting as
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required by this Act, to be capable of safely interacting
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with and caring for the child without supervision;
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(5) is not the respondent to any order of protection,
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presently in effect, which is sustained after a hearing;
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and
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(6) is not under the care of a mental health provider
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for a serious behavioral, psychological, or emotional
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condition that the court, in consultation with the
21

diagnosing provider, deems to pose a potential risk to the
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child.
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(b) An act or statement shall be deemed "parental
24
alienation" if and only if:
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(1) all of the following criteria are met:
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(i) it has the purpose or effect of seeking,

HB5176
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LRB104 20262 JRC 33713 b
1

without good cause, to separate, estrange, or
2

emotionally distance the child from a safe parent;
3

(ii) it has the purpose or effect of influencing
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the child in such a way that the child's opinion of a
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safe parent is diminished or shaped in bad faith and is
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defamatory or libelous, factually selective or
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obfuscating, or age-inappropriate;
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(iii) it is not reasonably related to and a
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plausibly necessary part of good faith efforts by a
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safe parent to preserve or achieve the safety and
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mental and emotional health of the child;
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(2) if the act or statement is directed at or concerns
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a parent who is not a safe parent, that parent does not
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demonstrate by clear and convincing evidence that the act
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or statement was unnecessary and unrelated to the safety
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or welfare of the child;
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(3) if a statement, it was objectively false or
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misleading or was made with reckless disregard for the
19

truth.
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(c) A parent's behavior shall be deemed "high conflict" if
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and only if all of the following criteria are met, based on
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specific and articulable facts within the context:
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(1) it is obstreperous, combative, petty, or
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injudicious;
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(2) it constitutes arbitrary opposition to the other
26

parent's time with or access to the child when such

HB5176
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LRB104 20262 JRC 33713 b
1

conduct is not reasonably justified by facts or safety
2

concerns;
3

(3) it is not the behavior of a safe parent; and
4

(4) it is not a reaction arising from abuse trauma,
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fear of or negative reaction to a current or former
6

abuser, distress, PTSD, depression, or anxiety.
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If abuse or continued risk of abuse by the other parent of
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the parent in question is indicated by a preponderance of the
9
evidence, the abuser has not rebutted, by clear and convincing
10
evidence, a default presumption that criteria (1) through (4)
11
of this subsection (c) are not met.

12

Section 15.
Required terms.
13

(a) The definitions established in this Act must be used
14
and applied as applicable in all family law proceedings in
15
this State.
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(b) No alternative similar terms may be used or invented
17
if their use or interpretation has the purpose or effect of
18
evading compliance with these definitions.
19

(c) Failure by a court to apply these definitions, if
20
applicable, constitutes reversible legal error and gives rise
21
to a cause for appeal.

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