Feed for /2005/related/proposals/sb112 PDF
SB112, s. 3 4Section 3. 48.978 (2) (b) 10. of the statutes is amended to read:
SB112,3,75 48.978 (2) (b) 10. A statement of whether the proceedings are subject to the
6uniform child custody jurisdiction act Uniform Child Custody Jurisdiction and
7Enforcement Act
under ch. 822.
SB112, s. 4 8Section 4. 303.068 (1m) of the statutes is amended to read:
SB112,3,109 303.068 (1m) In sub. (1), "parent" includes a person who was previously a
10person acting as a parent, as defined in s. 822.02 (8) (13), for the inmate.
SB112, s. 5 11Section 5. 767.05 (2) of the statutes is amended to read:
SB112,3,2012 767.05 (2) Actions for custody of children. Subject to ch. 822, the question
13of a child's custody may be determined as an incident of any action affecting the
14family or in an independent action for custody. The effect of any determination of a
15child's custody shall not be binding personally against any parent or guardian unless
16the parent or guardian has been made personally subject to the jurisdiction of the
17court in the action as provided under ch. 801 or has been notified under s. 822.05
18822.08 as provided in s. 822.12 822.06. Nothing in this section may be construed to
19foreclose a person other than a parent who has physical custody of a child from
20proceeding under ch. 822.
SB112, s. 6 21Section 6. 801.05 (11) of the statutes is amended to read:
SB112,4,722 801.05 (11) Certain marital actions. In addition to personal jurisdiction under
23sub. (1) and s. 801.06, in any action affecting the family, except for actions under ch.
24769, in which a personal claim is asserted against the respondent commenced in the
25county in which the petitioner resides at the commencement of the action when the

1respondent resided in this state in marital relationship with the petitioner for not
2less than 6 consecutive months within the 6 years next preceding the commencement
3of the action and the respondent is served personally under s. 801.11. The effect of
4any determination of a child's custody shall not be binding personally against any
5parent or guardian unless the parent or guardian has been made personally subject
6to the jurisdiction of the court in the action as provided under this chapter or has been
7notified under s. 822.05 822.08 as provided in s. 822.12 822.06.
SB112, s. 7 8Section 7. Chapter 822 of the statutes is repealed and recreated to read:
SB112,4,129 Chapter 822
10 uniform child custody
11 Jurisdiction and enforcement
12 act
SB112,4,1413 Subchapter I
14GENERAL PROVISIONS
SB112,4,17 15822.01 Short title; purposes; construction of provisions. (1) This
16chapter may be cited as the "Uniform Child Custody Jurisdiction and Enforcement
17Act."
SB112,4,18 18(2) The general purposes of this chapter are to do all of the following:
SB112,4,2119 (a) Avoid jurisdictional competition and conflict with courts of other states in
20matters of child custody that have in the past resulted in the shifting of children from
21state to state with harmful effects on their well-being.
SB112,4,2322 (b) Promote cooperation with the courts of other states to the end that a custody
23decree is rendered in the state that can best decide the case in the interest of the child.
SB112,4,2524 (c) Discourage the use of the interstate system for continuing controversies
25over child custody.
SB112,5,1
1(d) Deter abductions of children.
SB112,5,22 (e) Avoid relitigation in this state of custody decisions of other states.
SB112,5,33 (f) Facilitate the enforcement of custody decrees of other states.
SB112,5,4 4822.02 Definitions. In this chapter:
SB112,5,6 5(1) "Abandoned" means left without provision for reasonable and necessary
6care or supervision.
SB112,5,7 7(2) "Child" means an individual who has not attained 18 years of age.
SB112,5,12 8(3) "Child custody determination" means a judgment, decree, or other order of
9a court providing for legal custody, physical custody, physical placement, or visitation
10with respect to a child. The term includes a permanent, temporary, initial, and
11modification order. The term does not include an order relating to child support or
12other monetary obligation of an individual.
SB112,5,19 13(4) "Child custody proceeding" means a proceeding in which legal custody,
14physical custody, physical placement, or visitation with respect to a child is an issue.
15The term includes a proceeding for divorce, legal separation, neglect, abuse,
16dependency, guardianship, paternity, termination of parental rights, and protection
17from domestic violence, in which the issue may appear. "Child custody proceeding"
18does not include a proceeding involving juvenile delinquency, contractual
19emancipation, or enforcement under subch. III.
SB112,5,20 20(5) "Commencement" means the filing of the first pleading in a proceeding.
SB112,5,22 21(6) "Court" means an entity authorized under the law of a state to establish,
22enforce, or modify a child custody determination.
SB112,6,3 23(7) "Home state" means the state in which a child lived with a parent or a
24person acting as a parent for at least 6 consecutive months immediately before the
25commencement of a child custody proceeding. In the case of a child less than 6

1months of age, the term means the state in which the child lived from birth with any
2of the persons mentioned in this subsection. A period of temporary absence of any
3of the persons mentioned in this subsection is part of the period.
SB112,6,5 4(8) "Initial determination" means the first child custody determination
5concerning a particular child.
SB112,6,7 6(9) "Issuing court" means the court that makes a child custody determination
7for which enforcement is sought under this chapter.
SB112,6,9 8(10) "Issuing state" means the state in which a child custody determination is
9made.
SB112,6,13 10(11) "Modification" means a child custody determination that changes,
11replaces, supersedes, or is otherwise made after a previous determination
12concerning the same child, whether or not it is made by the court that made the
13previous determination.
SB112,6,17 14(12) "Person" means an individual, corporation, business trust, estate, trust,
15partnership, limited liability company, association, joint venture, or government;
16governmental subdivision, agency, or instrumentality; public corporation; or any
17other legal or commercial entity.
SB112,6,19 18(13) "Person acting as a parent" means a person, other than a parent, to whom
19all of the following apply:
SB112,6,2220 (a) He or she has physical custody of the child or has had physical custody for
21a period of 6 consecutive months, including any temporary absence, within one year
22immediately before the commencement of a child custody proceeding.
SB112,6,2423 (b) He or she has been awarded legal custody by a court or claims a right to legal
24custody under the law of this state.
SB112,6,25 25(14) "Physical custody" means the physical care and supervision of a child.
SB112,7,3
1(15) "State" means a state of the United States, the District of Columbia,
2Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject
3to the jurisdiction of the United States.
SB112,7,5 4(16) "Tribe" means an American Indian tribe or band, or Alaskan Native
5village, that is recognized by federal law or formally acknowledged by a state.
SB112,7,7 6(17) "Warrant" means an order issued by a court authorizing law enforcement
7officers to take physical custody of a child.
SB112,7,10 8822.03 Proceedings governed by other law. This chapter does not govern
9an adoption proceeding or a proceeding pertaining to the authorization of emergency
10medical care for a child.
SB112,7,14 11822.04 Application to Indian tribes. (1) A child custody proceeding that
12pertains to an Indian child as defined in the Indian Child Welfare Act, 25 USC 1901
13et seq., is not subject to this chapter to the extent that it is governed by the Indian
14Child Welfare Act.
SB112,7,16 15(2) A court of this state shall treat a tribe as if it were a state for the purpose
16of applying subchs. I and II.
SB112,7,19 17(3) A child custody determination made by a tribe under factual circumstances
18in substantial conformity with the jurisdictional standards of this chapter shall be
19recognized and enforced under subch. III.
SB112,7,22 20822.05 International application. (1) A court of this state shall treat a
21foreign country as if it were a state for the purpose of applying this subchapter and
22subch. II.
SB112,8,2 23(2) Except as provided in sub. (3), a child custody determination made in a
24foreign country under factual circumstances in substantial conformity with the

1jurisdictional standards of this chapter shall be recognized and enforced under
2subch. III.
SB112,8,4 3(3) A court of this state need not apply this chapter if the child custody law of
4a foreign country violates fundamental principles of human rights.
SB112,8,11 5822.06 Effect of child custody determination. A child custody
6determination made by a court of this state that had jurisdiction under this chapter
7binds all persons who have been served in accordance with the laws of this state or
8notified in accordance with s. 822.08 or who have submitted to the jurisdiction of the
9court, and who have been given an opportunity to be heard. As to those persons, the
10determination is conclusive as to all decided issues of law and fact except to the
11extent that the determination is modified.
SB112,8,14 12822.07 Priority. If a question of existence or exercise of jurisdiction under this
13chapter is raised in a child custody proceeding, the question, upon request of a party,
14shall be given priority on the calendar and handled expeditiously.
SB112,8,19 15822.08 Notice to persons outside state. (1) Notice required for the exercise
16of jurisdiction when a person is outside this state may be given in a manner
17prescribed by the law of this state for service of process or by the law of the state in
18which the service is made. Notice shall be given in a manner reasonably calculated
19to give actual notice but may be by publication if other means are not effective.
SB112,8,21 20(2) Proof of service may be made in the manner prescribed by law of this state
21or by the law of the state in which the service is made.
SB112,8,23 22(3) Notice is not required for the exercise of jurisdiction with respect to a person
23who submits to the jurisdiction of the court.
SB112,9,4 24822.09 Appearance and limited immunity. (1) A party to a child custody
25proceeding, including a modification proceeding, or a petitioner or respondent in a

1proceeding to enforce or register a child custody determination, is not subject to
2personal jurisdiction in this state for another proceeding or purpose solely by reason
3of having participated, or of having been physically present for the purpose of
4participating, in the proceeding.
SB112,9,8 5(2) A person who is subject to personal jurisdiction in this state on a basis other
6than physical presence is not immune from service of process in this state. A party
7present in this state who is subject to the jurisdiction of another state is not immune
8from service of process allowable under the laws of that state.
SB112,9,11 9(3) The immunity granted by sub. (1) does not extend to civil litigation based
10on acts unrelated to the participation in a proceeding under this chapter committed
11by an individual while present in this state.
SB112,9,14 12822.10 Communication between courts. (1) In this section, "record"
13means information that is inscribed on a tangible medium or that is stored in an
14electronic or other medium and is retrievable in perceivable form.
SB112,9,16 15(2) A court of this state may communicate with a court in another state
16concerning a proceeding arising under this chapter.
SB112,9,20 17(3) The court may allow the parties to participate in the communication. If the
18parties are not able to participate in the communication, they shall be given the
19opportunity to present facts and legal arguments before a decision on jurisdiction is
20made.
SB112,9,23 21(4) Communication between courts on schedules, calendars, court records, and
22similar matters may occur without informing the parties. A record need not be made
23of the communication.
SB112,10,3
1(5) Except as provided in sub. (4), a record shall be made of a communication
2under this section. The parties shall be informed promptly of the communication and
3granted access to the record.
SB112,10,10 4822.11 Taking testimony in another state. (1) In addition to other
5procedures available to a party, a party to a child custody proceeding may offer
6testimony of witnesses who are located in another state, including testimony of the
7parties and the child, by deposition or other means allowable in this state for
8testimony taken in another state. The court on its own motion may order that the
9testimony of a person be taken in another state and may prescribe the manner in
10which and the terms upon which the testimony is taken.
SB112,10,15 11(2) A court of this state may permit an individual residing in another state to
12be deposed or to testify by telephone, audiovisual means, or other electronic means
13before a designated court or at another location in that state. A court of this state
14shall cooperate with courts of other states in designating an appropriate location for
15the deposition or testimony.
SB112,10,18 16(3) Documentary evidence transmitted from another state to a court of this
17state by technological means that do not produce an original writing may not be
18excluded from evidence on an objection based on the means of transmission.
SB112,10,21 19822.12 Cooperation between courts; preservation of records. (1) A
20court of this state may request the appropriate court of another state to do any of the
21following:
SB112,10,2222 (a) Hold an evidentiary hearing.
SB112,10,2323 (b) Order a person to produce or give evidence under procedures of that state.
SB112,10,2524 (c) Order that an evaluation be made with respect to the custody of a child
25involved in a pending proceeding.
SB112,11,3
1(d) Forward to the court of this state a certified copy of the transcript of the
2record of the hearing, the evidence otherwise presented, and any evaluation
3prepared in compliance with the request.
SB112,11,54 (e) Order a party to a child custody proceeding or any person having physical
5custody of the child to appear in the proceeding with or without the child.
SB112,11,7 6(2) Upon request of a court of another state, a court of this state may hold a
7hearing or enter an order described in sub. (1).
SB112,11,9 8(3) Travel and other necessary and reasonable expenses incurred under subs.
9(1) and (2) may be assessed against the parties according to the law of this state.
SB112,11,14 10(4) A court of this state shall preserve the pleadings, orders, decrees, records
11of hearings, evaluations, and other pertinent records with respect to a child custody
12proceeding until the child attains 18 years of age. Upon appropriate request by a
13court or law enforcement official of another state, the court shall forward a certified
14copy of those records.
SB112,11,1615 Subchapter II
16 Jurisdiction
SB112,11,19 17822.21 Initial child custody jurisdiction. (1) Except as provided in s.
18822.24, a court of this state has jurisdiction to make an initial determination only if
19any of the following applies:
SB112,11,2320 (a) This state is the home state of the child on the date of the commencement
21of the proceeding, or was the home state of the child within 6 months before the
22commencement of the proceeding and the child is absent from this state but a parent
23or person acting as a parent continues to live in this state.
SB112,12,224 (b) A court of another state does not have jurisdiction under par. (a), or a court
25of the home state of the child has declined to exercise jurisdiction on the ground that

1this state is the more appropriate forum under s. 822.27 or 822.28, and all of the
2following apply:
SB112,12,53 1. The child and the child's parents, or the child and at least one parent or a
4person acting as a parent, have a significant connection with this state other than
5mere physical presence.
SB112,12,76 2. Substantial evidence is available in this state concerning the child's care,
7protection, training, and personal relationships.
SB112,12,108 (c) All courts having jurisdiction under par. (a) or (b) have declined to exercise
9jurisdiction on the ground that a court of this state is the more appropriate forum to
10determine the custody of the child under s. 822.27 or 822.28.
SB112,12,1211 (d) No court of any other state would have jurisdiction under the criteria
12specified in par. (a), (b), or (c).
SB112,12,14 13(2) Subsection (1) is the exclusive jurisdictional basis for making a child
14custody determination by a court of this state.
SB112,12,16 15(3) Physical presence of, or personal jurisdiction over, a party or a child is not
16necessary or sufficient to make a child custody determination.
SB112,12,20 17822.22 Exclusive, continuing jurisdiction. (1) Except as provided in s.
18822.24, a court of this state that has made a child custody determination consistent
19with s. 822.21 or 822.23 has exclusive, continuing jurisdiction over the
20determination until any of the following occurs:
SB112,12,2421 (a) A court of this state determines that neither the child, nor the child and one
22parent, nor the child and a person acting as a parent have a significant connection
23with this state and that substantial evidence is no longer available in this state
24concerning the child's care, protection, training, and personal relationships.
SB112,13,3
1(b) A court of this state or a court of another state determines that the child,
2the child's parents, and all persons acting as parents do not presently reside in this
3state.
SB112,13,7 4(2) A court of this state that has made a child custody determination and that
5does not have exclusive, continuing jurisdiction under this section may modify that
6determination only if it has jurisdiction to make an initial determination under s.
7822.21.
SB112,13,11 8822.23 Jurisdiction to modify determination. Except as provided in s.
9822.24, a court of this state may not modify a child custody determination made by
10a court of another state unless a court of this state has jurisdiction to make an initial
11determination under s. 822.21 (1) (a) or (b) and one of the following applies:
SB112,13,14 12(1) The court of the other state determines that it no longer has exclusive,
13continuing jurisdiction under s. 822.22 or that a court of this state would be a more
14convenient forum under s. 822.27.
SB112,13,17 15(2) A court of this state or a court of the other state determines that the child,
16the child's parents, and all persons acting as parents do not presently reside in the
17other state.
SB112,13,22 18822.24 Temporary emergency jurisdiction. (1) A court of this state has
19temporary emergency jurisdiction if the child is present in this state and the child
20has been abandoned or it is necessary in an emergency to protect the child because
21the child, or a sibling or parent of the child, is subjected to or threatened with
22mistreatment or abuse.
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