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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.
SB112,28,7
1(2) If the court, upon the testimony of the petitioner or other witness, finds that
2the child is imminently likely to suffer serious physical harm or be removed from this
3state, it may issue a warrant to take physical custody of the child. The petition shall
4be heard on the next judicial day after the warrant is executed unless that date is
5impossible. In that event, the court shall hold the hearing on the first judicial day
6possible. The application for the warrant must include the statements required by
7s. 822.38 (2).
SB112,28,8 8(3) A warrant to take physical custody of a child shall do all of the following:
SB112,28,109 (a) Recite the facts upon which a conclusion of imminent serious physical harm
10or removal from the state is based.
SB112,28,1211 (b) Direct law enforcement officers to take physical custody of the child
12immediately.
SB112,28,1313 (c) Provide for the placement of the child pending final relief.
SB112,28,15 14(4) The respondent shall be served with the petition, warrant, and order
15immediately after the child is taken into physical custody.
SB112,28,21 16(5) A warrant to take physical custody of a child is enforceable throughout this
17state. If the court finds on the basis of the testimony of the petitioner or other witness
18that a less intrusive remedy is not effective, it may authorize law enforcement
19officers to enter private property to take physical custody of the child. If required by
20exigent circumstances of the case, the court may authorize law enforcement officers
21to make a forcible entry at any hour.
SB112,28,23 22(6) The court may impose conditions upon placement of a child to ensure the
23appearance of the child and the child's custodian.
SB112,29,4 24822.42 Costs, fees, and expenses. (1) The court shall award the prevailing
25party, including a state, necessary and reasonable expenses incurred by or on behalf

1of the party, including costs, communication expenses, attorney fees, investigative
2fees, expenses for witnesses, travel expenses, and expenses for child care during the
3course of the proceedings, unless the party from whom fees or expenses are sought
4establishes that the award would be clearly inappropriate.
SB112,29,6 5(2) The court may not assess fees, costs, or expenses against a state unless
6authorized by law other than this chapter.
SB112,29,11 7822.43 Recognition and enforcement. A court of this state shall accord full
8faith and credit to an order issued by another state and consistent with this chapter
9that enforces a child custody determination by a court of another state unless the
10order has been vacated, stayed, or modified by a court having jurisdiction to do so
11under subch. II.
SB112,29,15 12822.44 Appeals. An appeal may be taken from a final order in a proceeding
13under this subchapter in accordance with ch. 809. Unless the court enters a
14temporary emergency order under s. 822.24, the enforcing court may not stay an
15order enforcing a child custody determination pending appeal.
SB112,29,21 16822.45 Role of prosecutor. (1) A prosecutor, in a case arising under this
17chapter or involving the Hague Convention on the Civil Aspects of International
18Child Abduction, may take any lawful action, including resort to a proceeding under
19this subchapter or any other available civil proceeding to locate a child, obtain the
20return of a child, or enforce a child custody determination if any of the following
21exists:
SB112,29,2222 (a) A child custody determination.
SB112,29,2323 (b) A request to do so from a court in a pending child custody proceeding.
SB112,29,2424 (c) A reasonable belief that a criminal statute has been violated.
SB112,30,3
1(d) A reasonable belief that the child has been wrongfully removed or retained
2in violation of the Hague Convention on the Civil Aspects of International Child
3Abduction.
SB112,30,5 4(2) A prosecutor acting under this section acts on behalf of the court and may
5not represent any party.
SB112,30,9 6822.46 Role of law enforcement. At the request of a prosecutor acting under
7s. 822.45, a law enforcement officer may take any lawful action reasonably necessary
8to locate a child or a party and assist a prosecutor with responsibilities under s.
9822.45.
SB112,30,12 10822.47 Costs and expenses. If the respondent is not the prevailing party, the
11court may assess against the respondent all direct expenses and costs incurred by the
12prosecutor and law enforcement officers under s. 822.45 or 822.46.
SB112, s. 8 13Section 8. 948.31 (3) (b) of the statutes is amended to read:
SB112,30,1714 948.31 (3) (b) After being served with process in an action affecting the family
15but prior to the issuance of a temporary or final order determining child custody
16rights, takes the child or causes the child to leave with intent to deprive the other
17parent of physical custody as defined in s. 822.02 (9) (14).
SB112, s. 9 18Section 9. Initial applicability.
SB112,30,2119 (1) This act first applies to child custody proceedings, including modification
20proceedings, and proceedings to enforce or register child custody determinations
21that are commenced on the effective date of this subsection.
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