2005 - 2006 LEGISLATURE
March 15, 2005 - Introduced by Joint Legislative Council. Referred to
Committee on Judiciary, Corrections and Privacy.
1An Act to repeal
20.625 (3); to amend
48.977 (4) (b) 5., 48.978 (2) (b) 10., 303.068 2
(1m), 767.05 (2), 801.05 (11) and 948.31 (3) (b); and to repeal and recreate
chapter 822 of the statutes; relating to: the Uniform Child Custody
4Jurisdiction and Enforcement Act.
Analysis by the Legislative Reference Bureau
This bill replaces the Uniform Child Custody Jurisdiction Act (UCCJA),
enacted into current law in 1975, with the updated Uniform Child Custody
Jurisdiction and Enforcement Act (UCCJEA), which was in 1997 approved and
recommended for passage in all states by the National Conference of Commissioners
on Uniform State Laws. The purpose of the UCCJEA is to standardize among the
states the general procedural and jurisdictional requirements for interstate child
custody matters, which under the UCCJEA include legal custody, physical
placement, and visitation.
With respect to child custody proceedings and orders, the UCCJEA does all of
1. Specifies what notice is sufficient for a court to have jurisdiction over a
person who is outside the state and specifies to whom notice must be given before a
court may make a child custody determination.
2. Authorizes a court of one state to communicate with a court of another state
concerning a child custody proceeding in one of those states and to request the court
of the other state to perform various functions, such as ordering an evaluation,
holding an evidentiary hearing, and forwarding a transcript of a hearing.
3. Specifies the circumstances under which a court of a state has jurisdiction
to make an initial child custody determination, such as when the state is the home
state of the child.
4. Authorizes temporary emergency jurisdiction to make a child custody
determination if the child is present in the state and has been abandoned or is being
subjected to or threatened with mistreatment or abuse.
5. Specifies how long a court that made a child custody determination has
exclusive, continuing jurisdiction over the determination, such as until a court of
that or another state determines that the child and the child's parents no longer
reside in the state.
6. Specifies the circumstances under which a court that made a child custody
determination has jurisdiction to modify that determination and the circumstances
under which a court has jurisdiction to modify a child custody determination made
by a court of another state.
7. Specifies that a court may decline to exercise its jurisdiction to make a child
custody determination if it is an inconvenient forum and provides factors for a court
to consider in making that determination.
8. Provides procedures for a court to follow with respect to a child custody
proceeding if a child custody proceeding already has been commenced in another
9. Specifies basic information that must be included in the first pleading in a
child custody proceeding and the persons whom the court may require to appear in
a child custody proceeding.
10. Imposes a duty on a court to recognize and enforce a child custody
determination made by another court if that other court exercised jurisdiction in
conformity with the standards under the UCCJEA.
11. Provides defenses for a respondent when a court orders that a petitioner
may take immediate physical custody of a child.
12. Authorizes a court to issue a warrant that directs law enforcement to take
immediate physical custody of a child if the court finds that the child is imminently
likely to suffer serious physical harm or be removed from the state.
In general, the UCCJEA under the bill provides clearer standards for original
jurisdiction in child custody proceedings and more complete standards for
jurisdiction to modify child custody determinations than does the UCCJA under
current law. In addition, the UCCJEA adds standards for continuing jurisdiction
over child custody determinations, for temporary emergency jurisdiction over child
custody matters, and for enforcement of child custody determinations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB112, s. 1
20.625 (3) of the statutes is repealed.
SB112, s. 2
48.977 (4) (b) 5. of the statutes is amended to read:
(b) 5. A statement of whether the proceedings are subject to the 2uniform child custody jurisdiction act Uniform Child Custody Jurisdiction and
under ch. 822.
SB112, s. 3
48.978 (2) (b) 10. of the statutes is amended to read:
(b) 10. A statement of whether the proceedings are subject to the 6uniform child custody jurisdiction act Uniform Child Custody Jurisdiction and
under ch. 822.
SB112, s. 4
303.068 (1m) of the statutes is amended to read:
In sub. (1), "parent" includes a person who was previously a 10
person acting as a
parent, as defined in s. 822.02
, for the inmate.
SB112, s. 5
767.05 (2) of the statutes is amended to read:
767.05 (2) Actions for custody of children.
Subject to ch. 822, the question 13
of a child's custody may be determined as an incident of any action affecting the 14
family or in an independent action for custody. The effect of any determination of a 15
child's custody shall not be binding personally against any parent or guardian unless 16
the parent or guardian has been made personally subject to the jurisdiction of the 17
court in the action as provided under ch. 801 or has been notified under s. 822.05 18822.08
as provided in s. 822.12
. Nothing in this section may be construed to 19
foreclose a person other than a parent who has physical custody of a child from 20
proceeding under ch. 822.
SB112, s. 6
801.05 (11) of the statutes is amended to read:
801.05 (11) Certain marital actions.
In addition to personal jurisdiction under 23
sub. (1) and s. 801.06, in any action affecting the family, except for actions under ch. 24
769, in which a personal claim is asserted against the respondent commenced in the 25
county in which the petitioner resides at the commencement of the action when the
respondent resided in this state in marital relationship with the petitioner for not 2
less than 6 consecutive months within the 6 years next preceding the commencement 3
of the action and the respondent is served personally under s. 801.11. The effect of 4
any determination of a child's custody shall not be binding personally against any 5
parent or guardian unless the parent or guardian has been made personally subject 6
to the jurisdiction of the court in the action as provided under this chapter or has been 7
notified under s. 822.05 822.08
as provided in s. 822.12 822.06
SB112, s. 7
Chapter 822 of the statutes is repealed and recreated to read:
uniform child custody11
Jurisdiction and enforcement12
15822.01 Short title; purposes; construction of provisions
chapter may be cited as the "Uniform Child Custody Jurisdiction and Enforcement 17
The general purposes of this chapter are to do all of the following:
(a) Avoid jurisdictional competition and conflict with courts of other states in 20
matters of child custody that have in the past resulted in the shifting of children from 21
state to state with harmful effects on their well-being.
(b) Promote cooperation with the courts of other states to the end that a custody 23
decree is rendered in the state that can best decide the case in the interest of the child.
(c) Discourage the use of the interstate system for continuing controversies 25
over child custody.
(d) Deter abductions of children.
(e) Avoid relitigation in this state of custody decisions of other states.
(f) Facilitate the enforcement of custody decrees of other states.
. In this chapter:
"Abandoned" means left without provision for reasonable and necessary 6
care or supervision.
"Child" means an individual who has not attained 18 years of age.