LRB-1599/2
JEO&PJK:jlg:jf
1999 - 2000 LEGISLATURE
February 1, 2000 - Introduced by Representatives Underheim, Ainsworth, Kelso,
Owens, Albers
and Olsen, cosponsored by Senators A. Lasee, Darling and
Welch. Referred to Committee on Family Law.
AB689,1,4 1An Act to renumber and amend 948.31 (2) and 948.31 (3) (c); to amend 767.23
2(1n) and 948.31 (1) (b); and to create 948.31 (1) (am), 948.31 (2) (a), 948.31 (3m)
3(a) and 968.077 of the statutes; relating to: interference with the custody of a
4child and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from interfering with the custody of a child. A
person violates the prohibition against interfering with custody by withholding a
child for more than 12 hours from his or her parents or from a single parent with legal
custody without consent of the parents or the single parent with legal custody. A
person who violates the prohibition against interfering with the custody of a child in
this manner may be fined not more than $10,000 or imprisoned for not more than two
years or both, if the offense occurs before December 31, 1999, or may be fined not
more than $10,000 or imprisoned for not more than five years or both, if the offense
occurs on or after December 31, 1999.
A person also violates the prohibition against interfering with custody by
withholding a child from his or her legal custodian for more than 12 hours beyond
a court-approved period of physical placement or visitation, if the person withholds
the child without the custodian's consent and with the intent to deprive the custodian
of his or her custody rights. A person who violates the prohibition against interfering
with the custody of a child in this manner may be fined not more than $10,000 or
imprisoned for not more than ten years or both, if the offense occurs before December

31, 1999, or may be fined not more than $10,000 or imprisoned for not more than 15
years or both, if the offense occurs on or after December 31, 1999.
This bill provides that a person violates the prohibition against interfering with
the custody of a child if he or she withholds the child from his or her parents or from
a single parent with legal custody for more than three hours or if he or she withholds
a child from his or her legal custodian for more than three hours beyond a
court-approved period of physical placement or visitation. A person who violates the
prohibition against interfering with the custody of a child by withholding the child
for more than three hours may be fined not more than $10,000 or imprisoned for not
more than nine months or both.
The bill also provides that, if a court has ordered that both parents have legal
custody and periods of physical placement of a child and one parent takes the child
from or causes the child to leave the other parent in violation of the order or withholds
the child for more than three hours beyond the court-approved period of physical
placement or visitation, the other parent may request a law enforcement agency in
the jurisdiction in which the first parent is located to assist in locating and returning
the child. A law enforcement agency must assist in locating and returning the child
of a parent who makes a request for assistance if the parent provides the law
enforcement agency with a certified copy of the court order specifying joint legal
custody rights and periods of physical placement.
Finally, under current law a summons in an action affecting the family, such as
a divorce, in which the parties have a minor child must include notification of the
statute that prohibits interference with the custody of a child. Also under current
law, a final judgment in an action affecting the family in which custody of, or physical
placement with, a minor child was determined must include notification of the
statute that prohibits interference with the custody of a child. Under this bill, if a
judge or family court commissioner in an action affecting the family grants legal
custody of a minor child or periods of physical placement with a minor child
temporarily during the pendency of the action, the temporary order must also
include notification of the statute that prohibits interference with the custody of a
child.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB689, s. 1 1Section 1. 767.23 (1n) of the statutes is amended to read:
AB689,3,102 767.23 (1n) Before making any temporary order under sub. (1), the court or
3family court commissioner shall consider those factors which the court is required
4by this chapter to consider before entering a final judgment on the same subject

1matter. If the court or family court commissioner makes a temporary child support
2order that deviates from the amount of support that would be required by using the
3percentage standard established by the department under s. 49.22 (9), the court or
4family court commissioner shall comply with the requirements of s. 767.25 (1n). A
5temporary order under sub. (1) may be based upon the written stipulation of the
6parties, subject to the approval of the court or the family court commissioner.
7Temporary orders made by the family court commissioner may be reviewed by the
8court as provided in s. 767.13 (6). A temporary order granting legal custody of a
9minor child or periods of physical placement with a minor child shall include
10notification of the contents of s. 948.31.
AB689, s. 2 11Section 2. 948.31 (1) (am) of the statutes is created to read:
AB689,3,1812 948.31 (1) (am) Except as provided under chs. 48 and 938, whoever
13intentionally causes a child to leave, takes a child away or withholds a child for more
14than 3 hours beyond the court-approved period of physical placement or visitation
15period from a legal custodian with intent to deprive the custodian of his or her
16custody rights without the consent of the custodian is guilty of a Class A
17misdemeanor. This paragraph is not applicable if the court has entered an order
18authorizing the person to so take or withhold the child.
AB689, s. 3 19Section 3. 948.31 (1) (b) of the statutes is amended to read:
AB689,4,220 948.31 (1) (b) Except as provided under chs. 48 and 938, whoever intentionally
21causes a child to leave, takes a child away or withholds a child for more than 12 hours
22beyond the court-approved period of physical placement or visitation period from a
23legal custodian with intent to deprive the custodian of his or her custody rights
24without the consent of the custodian is guilty of a Class C felony. This paragraph is

1not applicable if the court has entered an order authorizing the person to so take or
2withhold the child.
AB689,4,5 3(c) The fact that joint legal custody has been awarded to both parents by a court
4does not preclude a court from finding that one parent has committed a violation of
5this paragraph par. (am) or (b).
AB689, s. 4 6Section 4. 948.31 (2) of the statutes is renumbered 948.31 (2) (b) and amended
7to read:
AB689,4,148 948.31 (2) (b) Whoever causes a child to leave, takes a child away or withholds
9a child for more than 12 hours from the child's parents or, in the case of a nonmarital
10child whose parents do not subsequently intermarry under s. 767.60, from the child's
11mother or, if he has been granted legal custody, the child's father, without the consent
12of the parents, the mother or the father with legal custody, is guilty of a Class E
13felony. This subsection paragraph is not applicable if legal custody has been granted
14by court order to the person taking or withholding the child.
AB689, s. 5 15Section 5. 948.31 (2) (a) of the statutes is created to read:
AB689,4,2216 948.31 (2) (a) Whoever causes a child to leave, takes a child away or withholds
17a child for more than 3 hours from the child's parents or, in the case of a nonmarital
18child whose parents do not subsequently intermarry under s. 767.60, from the child's
19mother or, if he has been granted legal custody, the child's father, without the consent
20of the parents, the mother or the father with legal custody, is guilty of a Class A
21misdemeanor. This paragraph is not applicable if legal custody has been granted by
22court order to the person taking or withholding the child.
AB689, s. 6 23Section 6. 948.31 (3) (c) of the statutes is renumbered 948.31 (3m) (b) and
24amended to read:
AB689,5,6
1948.31 (3m) (b) After Any parent, or any person acting pursuant to directions
2from the parent, who, after
issuance of a temporary or final order specifying joint
3legal custody rights and periods of physical placement, takes a child from or causes
4a child to leave the other parent in violation of the order or withholds a child for more
5than 12 hours beyond the court-approved period of physical placement or visitation
6period is guilty of a Class C felony.
AB689, s. 7 7Section 7. 948.31 (3m) (a) of the statutes is created to read:
AB689,5,138 948.31 (3m) (a) Any parent, or any person acting pursuant to directions from
9the parent, who, after issuance of a temporary or final order specifying joint legal
10custody rights and periods of physical placement, takes a child from or causes a child
11to leave the other parent in violation of the order or withholds a child for more than
123 hours beyond the court-approved period of physical placement or visitation period
13is guilty of a Class A misdemeanor.
AB689, s. 8 14Section 8. 968.077 of the statutes is created to read:
AB689,5,24 15968.077 Interference with child custody or physical placement;
16assistance to parent.
If a parent of a child alleges that his or her legal custody or
17period of physical placement of the child is being interfered with by the other parent
18of the child in violation of s. 948.31 (3m), the parent may request a law enforcement
19agency in the jurisdiction in which the other parent is present to assist in locating
20and returning the child. A law enforcement agency shall assist in locating and
21returning the child of a parent who makes a request under this section if the parent
22provides the law enforcement agency with a certified copy of the temporary or final
23order specifying joint legal custody rights and periods of physical placement that is
24allegedly being violated by the other parent.
AB689, s. 9 25Section 9. Initial applicability.
AB689,6,4
1(1) Interference with custody. The treatment of section 948.31 (1) (am), (b),
2(3) (c) and (3m) (a) of the statutes, the renumbering and amendment of section 948.31
3(2) of the statutes and the creation of section 948.31 (2) (a) of the statutes first apply
4to offenses committed on the effective date of this subsection.
AB689,6,75 (2) Orders granting legal custody or physical placement. The treatment of
6section 767.23 (1n) of the statutes first apply to temporary orders made on the
7effective date of this subsection.
AB689,6,88 (End)
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