2001 - 2002 LEGISLATURE
March 13, 2001 - Introduced by Senator M. Meyer, cosponsored by Representative
Johnsrud. Referred to Committee on Judiciary, Consumer Affairs, and
Campaign Finance Reform.
1An Act to renumber and amend
767.24 (4) (d); and to create
767.24 (4) (d) 2., 2
767.24 (6) (f) and 767.327 (6m) of the statutes; relating to: prohibiting a parent
3who has physical placement of a child from taking the child to certain foreign
4counties without the agreement of the other parent.
Analysis by the Legislative Reference Bureau
Under current law, if both parents of a child have physical placement with the
child, a parent who has legal custody of the child must give the other parent at least
60 days' notice of his or her intention to remove the child from the state for more than
90 days or to establish his or her legal residence with the child outside the state or
in the state at a distance of 150 miles or more from the other parent. If the parent
who is not moving or taking the child outside the state objects, he or she may request
the court to prohibit the move or removal or to modify the current legal custody or
physical placement order. Also under current law, any person who intentionally
causes a child to leave, takes a child away, or withholds a child from a legal custodian
for more than 12 hours beyond a court-approved period of physical placement
without the consent of the legal custodian is guilty of a Class C felony. A court may
find a parent with joint legal custody of a child in violation of this provision.
This bill provides that, if both parents of a child have periods of physical
placement with the child, neither parent may take the child to a country that has not
ratified or acceded to the Hague Convention on the Civil Aspects of International
Child Abduction unless the other parent agrees in writing that the child may be
taken to that country. This prohibition applies instead of the current law provision
relating to removing a child or establishing a different legal residence with a child.
In addition, the court must advise the parties of the prohibition when granting
physical placement, and the prohibition must be included in the order of physical
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB89, s. 1
767.24 (4) (d) of the statutes is renumbered 767.24 (4) (d) (intro.) 2
and amended to read:
(d) (intro.) If the court grants periods of physical placement to more 4
than one parent, it shall order do all of the following:
a parent with legal custody and physical placement rights to provide 6
the notice required under s. 767.327 (1).
SB89, s. 2
767.24 (4) (d) 2. of the statutes is created to read:
(d) 2. Advise the parents of the prohibition under sub. (6) (f).
SB89, s. 3
767.24 (6) (f) of the statutes is created to read:
(f) Notwithstanding s. 767.327 (1) to (6), if the court grants periods 11
of physical placement with a child to both parents, a parent may not take the child 12
to a country that has not ratified or acceded to the Hague Convention on the Civil 13
Aspects of International Child Abduction unless the other parent agrees in writing 14
that the child may be taken to the country. This prohibition shall be included in the 15
order of physical placement.
SB89, s. 4
767.327 (6m) of the statutes is created to read:
767.327 (6m) Taking a child to certain foreign countries.
Section 767.24 (6) 18
(f) applies instead of subs. (1) to (6) if the court grants periods of physical placement 19
with a child to both parents and a parent desires or intends to take the child to a 20
country that has not ratified or acceded to the Hague Convention on the Civil Aspects
of International Child Abduction, regardless of the length of time that the parent 2
desires or intends to remove the child from this state.