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SB112,16,1111 (c) Proceed with the modification under conditions it considers appropriate.
SB112,16,17 12822.27 Inconvenient forum. (1) A court of this state that has jurisdiction
13under this chapter to make a child custody determination may decline to exercise its
14jurisdiction at any time if it determines that it is an inconvenient forum under the
15circumstances and that a court of another state is a more appropriate forum. The
16issue of inconvenient forum may be raised upon the motion of a party, the court's own
17motion, or the request of another court.
SB112,16,21 18(2) Before determining whether it is an inconvenient forum, a court of this state
19shall consider whether it is appropriate for a court of another state to exercise
20jurisdiction. For this purpose, the court shall allow the parties to submit information
21and shall consider all relevant factors, including all of the following:
SB112,16,2322 (a) Whether domestic violence has occurred and is likely to continue in the
23future and which state could best protect the parties and the child.
SB112,16,2424 (b) The length of time that the child has resided outside this state.
SB112,17,2
1(c) The distance between the court in this state and the court in the state that
2would assume jurisdiction.
SB112,17,33 (d) The relative financial circumstances of the parties.
SB112,17,44 (e) Any agreement of the parties as to which state should assume jurisdiction.
SB112,17,65 (f) The nature and location of the evidence required to resolve the pending
6litigation, including testimony of the child.
SB112,17,87 (g) The ability of the court of each state to decide the issue expeditiously and
8the procedures necessary to present the evidence.
SB112,17,109 (h) The familiarity of the court of each state with the facts and issues in the
10pending litigation.
SB112,17,15 11(3) If a court of this state determines that it is an inconvenient forum and that
12a court of another state is a more appropriate forum, the court shall stay the
13proceedings upon condition that a child custody proceeding be promptly commenced
14in another designated state and may impose any other condition that the court
15considers just and proper.
SB112,17,19 16(4) A court of this state may decline to exercise its jurisdiction under this
17chapter if a child custody determination is incidental to an action for divorce or
18another proceeding while still retaining jurisdiction over the divorce or other
19proceeding.
SB112,17,24 20822.28 Jurisdiction declined by reason of conduct. (1) Except as
21provided in s. 822.24, if a court of this state has jurisdiction under this chapter
22because a person seeking to invoke its jurisdiction has engaged in unjustifiable
23conduct, the court shall decline to exercise its jurisdiction unless any of the following
24occurs:
SB112,18,2
1(a) The parents and all persons acting as parents have acquiesced in the
2exercise of jurisdiction.
SB112,18,43 (b) A court of the state otherwise having jurisdiction under ss. 822.21 to 822.23
4determines that this state is a more appropriate forum under s. 822.27.
SB112,18,65 (c) No court of any other state would have jurisdiction under the criteria
6specified in ss. 822.21 to 822.23.
SB112,18,11 7(2) If a court of this state declines to exercise its jurisdiction under sub. (1), it
8may fashion an appropriate remedy to ensure the safety of the child and prevent a
9repetition of the unjustifiable conduct, including staying the proceeding until a child
10custody proceeding is commenced in a court having jurisdiction under ss. 822.21 to
11822.23.
SB112,18,19 12(3) If a court dismisses a petition or stays a proceeding because it declines to
13exercise its jurisdiction under sub. (1), it shall assess against the party seeking to
14invoke its jurisdiction necessary and reasonable expenses including costs,
15communication expenses, attorney fees, investigative fees, expenses for witnesses,
16travel expenses, and expenses for child care during the course of the proceedings,
17unless the party from whom fees are sought establishes that the assessment would
18be clearly inappropriate. The court may not assess fees, costs, or expenses against
19this state unless authorized by law other than this chapter.
SB112,18,25 20822.29 Information to be submitted to court. (1) In a child custody
21proceeding, each party, in its first pleading or in an attached affidavit, shall give
22information, if reasonably ascertainable, under oath as to the child's present address
23or whereabouts, the places where the child has lived during the last 5 years, and the
24names and present addresses of the persons with whom the child has lived during
25that period. The pleading or affidavit shall state whether the party:
SB112,19,4
1(a) Has participated, as a party or witness or in any other capacity, in any other
2proceeding concerning the custody of or physical placement or visitation with the
3child and, if so, shall identify the court, the case number, and the date of the child
4custody determination, if any.
SB112,19,85 (b) Knows of any proceeding that could affect the current proceeding, including
6proceedings for enforcement and proceedings relating to domestic violence,
7protective orders, termination of parental rights, and adoptions and, if so, shall
8identify the court, the case number, and the nature of the proceeding.
SB112,19,129 (c) Knows the names and addresses of any person not a party to the proceeding
10who has physical custody of the child or claims rights of legal custody or physical
11custody of, or physical placement or visitation with, the child and, if so, the names
12and addresses of those persons.
SB112,19,15 13(2) If the information required by sub. (1) is not furnished, the court, upon
14motion of a party or its own motion, may stay the proceeding until the information
15is furnished.
SB112,19,20 16(3) If the declaration as to any of the items described in sub. (1) (a) to (c) is in
17the affirmative, the declarant shall give additional information under oath as
18required by the court. The court may examine the parties under oath as to details
19of the information furnished and other matters pertinent to the court's jurisdiction
20and the disposition of the case.
SB112,19,22 21(4) Each party has a continuing duty to inform the court of any proceeding in
22this or any other state that could affect the current proceeding.
SB112,20,3 23(5) If a party alleges in an affidavit or a pleading under oath that the health,
24safety, or liberty of a party or child would be jeopardized by disclosure of identifying
25information, the information shall be sealed and may not be disclosed to the other

1party or the public unless the court orders the disclosure to be made after a hearing
2in which the court takes into consideration the health, safety, or liberty of the party
3or child and determines that the disclosure is in the interest of justice.
SB112,20,8 4822.295 Appearance of parties and child. (1) In a child custody proceeding
5in this state, the court may order a party to the proceeding who is in this state to
6appear before the court in person with or without the child. The court may order any
7person who is in this state and who has physical custody or control of the child to
8appear in person with the child.
SB112,20,13 9(2) If a party to a child custody proceeding whose presence is desired by the
10court is outside this state, the court may order that a notice given under s. 822.08
11include a statement directing the party to appear in person with or without the child
12and informing the party that failure to appear may result in a decision adverse to the
13party.
SB112,20,15 14(3) The court may enter any orders necessary to ensure the safety of the child
15and of any person ordered to appear under this section.
SB112,20,19 16(4) If a party to a child custody proceeding who is outside this state is directed
17to appear under sub. (2) or desires to appear personally before the court with or
18without the child, the court may require another party to pay reasonable and
19necessary travel and other expenses of the party so appearing and of the child.
SB112,20,2120 Subchapter III
21 enforcement
SB112,20,22 22822.31 Definitions. In this subchapter:
SB112,20,24 23(1) "Judicial day" means each day except Saturday, Sunday, or a legal holiday
24under s. 895.20.
SB112,21,3
1(2) "Petitioner" means a person who seeks enforcement of an order for the
2return of a child under the Hague Convention on the Civil Aspects of International
3Child Abduction or enforcement of a child custody determination.
SB112,21,7 4(3) "Respondent" means a person against whom a proceeding has been
5commenced for enforcement of an order for the return of a child under the Hague
6Convention on the Civil Aspects of International Child Abduction or enforcement of
7a child custody determination.
SB112,21,11 8822.32 Enforcement under Hague Convention. Under this subchapter, a
9court of this state may enforce an order for the return of the child made under the
10Hague Convention on the Civil Aspects of International Child Abduction as if it were
11a child custody determination.
SB112,21,17 12822.33 Duty to enforce. (1) A court of this state shall recognize and enforce
13a child custody determination of a court of another state if the latter court exercised
14jurisdiction in substantial conformity with this chapter or the determination was
15made under factual circumstances meeting the jurisdictional standards of this
16chapter and the determination has not been modified in accordance with this
17chapter.
SB112,21,21 18(2) A court of this state may utilize any remedy available under other law of
19this state to enforce a child custody determination made by a court of another state.
20The remedies provided in this subchapter are cumulative and do not affect the
21availability of other remedies to enforce a child custody determination
SB112,21,24 22822.34 Temporary physical placement or visitation. (1) A court of this
23state that does not have jurisdiction to modify a child custody determination may
24issue a temporary order enforcing any of the following:
SB112,22,2
1(a) A physical placement or visitation schedule made by a court of another
2state.
SB112,22,53 (b) The physical placement or visitation provisions of a child custody
4determination of another state that does not provide for a specific physical placement
5or visitation schedule.
SB112,22,10 6(2) If a court of this state makes an order under sub. (1) (b), it shall specify in
7the order a period that it considers adequate to allow the petitioner to obtain an order
8from a court having jurisdiction under the criteria specified in subch. II. The order
9remains in effect until an order is obtained from the other court or until the period
10expires.
SB112,22,14 11822.35 Registration of child custody determination. (1) A child custody
12determination issued by a court of another state may be registered in this state, with
13or without a simultaneous request for enforcement, by sending to the office of the
14clerk of any circuit court in this state all of the following:
SB112,22,1515 (a) A letter or other document requesting registration.
SB112,22,1916 (b) Two copies, including one certified copy, of the determination sought to be
17registered, and a statement under penalty of perjury that to the best of the
18knowledge and belief of the person seeking registration the determination has not
19been modified.
SB112,22,2320 (c) Except as provided in s. 822.29, the name and address of the person seeking
21registration and any parent or person acting as a parent who has been awarded
22custody, physical placement, or visitation in the child custody determination sought
23to be registered.
SB112,22,25 24(2) On receipt of the documents required by sub. (1), the registering court shall
25do all of the following:
SB112,23,2
1(a) Cause the determination to be filed as a foreign judgment, together with one
2copy of any accompanying documents and information, regardless of their form.
SB112,23,43 (b) Serve notice upon the persons named under sub. (1) (c) and provide them
4with an opportunity to contest the registration in accordance with this section.
SB112,23,5 5(3) The notice required by sub. (2) (b) shall state all of the following:
SB112,23,76 (a) That a registered determination is enforceable as of the date of the
7registration in the same manner as a determination issued by a court of this state.
SB112,23,98 (b) That a hearing to contest the validity of the registered determination shall
9be requested within 20 days after service of the notice.
SB112,23,1210 (c) That failure to contest the registration will result in confirmation of the child
11custody determination and preclude further contest of that determination with
12respect to any matter that could have been asserted.
SB112,23,16 13(4) A person seeking to contest the validity of a registered determination shall
14request a hearing within 20 days after service of the notice. At that hearing, the court
15shall confirm the registered determination unless the person contesting registration
16establishes any of the following:
SB112,23,1717 (a) The issuing court did not have jurisdiction under subch. II.
SB112,23,1918 (b) The child custody determination sought to be registered has been vacated,
19stayed, or modified by a court having jurisdiction to do so under subch. II.
SB112,23,2220 (c) The person contesting registration was entitled to notice, but notice was not
21given in accordance with the standards of s. 822.08 in the proceedings before the
22court that issued the determination for which registration is sought.
SB112,23,25 23(5) If a timely request for a hearing to contest the validity of the registration
24is not made, the registration is confirmed as a matter of law and the person
25requesting registration and all persons served must be notified of the confirmation.
SB112,24,3
1(6) Confirmation of a registered determination, whether by operation of law or
2after notice and hearing, precludes further contest of the determination with respect
3to any matter that could have been asserted at the time of registration.
SB112,24,6 4822.36 Enforcement of registered determination. (1) A court of this state
5may grant any relief normally available under the law of this state to enforce a
6registered child custody determination made by a court of another state.
SB112,24,9 7(2) A court of this state shall recognize and enforce, but may not modify, except
8in accordance with subch. II, a registered child custody determination of a court of
9another state.
SB112,24,16 10822.37 Simultaneous proceedings. If a proceeding for enforcement under
11this subchapter is commenced in a court of this state and the court determines that
12a proceeding to modify the determination is pending in a court of another state
13having jurisdiction to modify the determination under subch. II, the enforcing court
14shall immediately communicate with the modifying court. The proceeding for
15enforcement continues unless the enforcing court, after consultation with the
16modifying court, stays or dismisses the proceeding.
SB112,24,20 17822.38 Expedited enforcement of child custody determination. (1) A
18petition under this subchapter must be verified. Certified copies of all orders sought
19to be enforced and any order confirming registration must be attached to the petition.
20A copy of a certified copy of an order may be attached instead of the original.
SB112,24,22 21(2) A petition for enforcement of a child custody determination shall state all
22of the following:
SB112,24,2523 (a) Whether the court that issued the determination identified the
24jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis
25was.
SB112,25,4
1(b) Whether the determination for which enforcement is sought has been
2vacated, stayed, or modified by a court whose decision shall be enforced under this
3chapter and, if so, shall identify the court, the case number, and the nature of the
4proceeding.
SB112,25,85 (c) Whether any proceeding has been commenced that could affect the current
6proceeding, including proceedings relating to domestic violence, protective orders,
7determination of parental rights, and adoptions and, if so, shall identify the court,
8the case number, and the nature of the proceeding.
SB112,25,99 (d) The present physical address of the child and the respondent, if known.
SB112,25,1210 (e) Whether relief, in addition to the immediate physical custody of the child
11and attorney fees is sought, including a request for assistance from law enforcement
12officials and, if so, the relief sought.
SB112,25,1413 (f) If the child custody determination has been registered and confirmed under
14s. 822.35, the date and place of registration.
SB112,25,20 15(3) Upon the filing of a petition, the court shall issue an order directing the
16respondent to appear in person with or without the child at a hearing and may enter
17any order necessary to ensure the safety of the parties and the child. The hearing
18shall be held on the next judicial day after service of the order unless that date is
19impossible. In that event, the court shall hold the hearing on the first judicial day
20possible. The court may extend the date of hearing at the request of the petitioner.
SB112,26,2 21(4) An order issued under sub. (3) shall state the time and place of the hearing
22and advise the respondent that at the hearing the court will order that the petitioner
23may take immediate physical custody of the child and the payment of costs, fees, and
24expenses under s. 822.42, and the court may schedule a hearing to determine

1whether further relief is appropriate, unless the respondent appears and establishes
2one of the following:
SB112,26,43 (a) The child custody determination has not been registered and confirmed
4under s. 822.35 and any of the following:
SB112,26,55 1. The issuing court did not have jurisdiction under subch. II.
SB112,26,76 2. The child custody determination for which enforcement is sought has been
7vacated, stayed, or modified by a court having jurisdiction to do so under subch. II.
SB112,26,108 3. The respondent was entitled to notice, but notice was not given in accordance
9with the standards of s. 822.08 in the proceedings before the court that issued the
10order for which enforcement is sought.
SB112,26,1311 (b) The child custody determination for which enforcement is sought was
12registered and confirmed under s. 822.35, but has been vacated, stayed, or modified
13by a court of a state having jurisdiction to do so under subch. II.
SB112,26,16 14822.39 Service of petition and order. Except as provided in s. 822.41, the
15petition and order must be served, by any method authorized by the laws of this state,
16upon the respondent and any person who has physical custody of the child.
SB112,26,21 17822.40 Hearing and order. (1) Unless the court issues a temporary
18emergency order under s. 822.24, upon a finding that a petitioner is entitled to
19immediate physical custody of the child, the court shall order that the petitioner may
20take immediate physical custody of the child unless the respondent establishes one
21of the following:
SB112,26,2322 (a) The child custody determination has not been registered and confirmed
23under s. 822.35 and any of the following:
SB112,26,2424 1. The issuing court did not have jurisdiction under subch. II.
SB112,27,3
12. The child custody determination for which enforcement is sought has been
2vacated, stayed, or modified by a court of a state having jurisdiction to do so under
3subch. II.
SB112,27,64 3. The respondent was entitled to notice, but notice was not given in accordance
5with the standards of s. 822.08 in the proceedings before the court that issued the
6order for which enforcement is sought.
SB112,27,97 (b) The child custody determination for which enforcement is sought was
8registered and confirmed under s. 822.35, but has been vacated, stayed, or modified
9by a court of a state having jurisdiction to do so under subch. II.
SB112,27,13 10(2) The court shall award the costs, fees, and expenses authorized under s.
11822.42 and may grant additional relief, including a request for the assistance of law
12enforcement officials, and may set a further hearing to determine whether additional
13relief is appropriate.
SB112,27,16 14(3) If a party called to testify refuses to answer on the ground that the
15testimony may be self-incriminating, the court may draw an adverse inference from
16the refusal.
SB112,27,19 17(4) A privilege against disclosure of communications between spouses and a
18defense of immunity based on the relationship of husband and wife or parent and
19child may not be invoked in a proceeding under this subchapter.
SB112,27,24 20822.41 Warrant to take physical custody of child. (1) Upon the filing of
21a petition seeking enforcement of a child custody determination, the petitioner may
22file a verified application for the issuance of a warrant to take physical custody of the
23child if the child is imminently likely to suffer serious physical harm or be removed
24from this state.
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