LRB-3332/1
PJK:kmg:arm
1997 - 1998 LEGISLATURE
July 1, 1997 - Introduced by Representatives Musser, Gronemus, Brandemuehl,
Ryba, Skindrud, Goetsch and Hahn, cosponsored by Senators George, Rude,
Breske and Welch. Referred to Committee on Children and Families.
AB442,2,20
1An Act to repeal 767.001 (2) (b), 767.11 (8) (b) 3., 767.11 (9) (a), 767.11 (10) (e)
21. to 3., 767.11 (14) (a) 3., 767.23 (1) (bm), 767.24 (3), 767.24 (4) (cm), 767.24 (5),
3767.24 (6) (a) and (am), 767.245 (2), 767.325 (2), 767.325 (3), 767.325 (4), 767.33
4(1m) (b), 767.45 (2), 767.458 (1m), 767.51 (5) (i), (im) and (j) and 891.39 (1) (b);
5to renumber 767.23 (1) (c), 767.23 (1) (d), 767.23 (1) (e), 767.23 (1) (f), 767.23
6(1) (g), 767.23 (1) (h), 767.23 (1) (i), 767.23 (1) (k) and 767.23 (1) (L);
to
7renumber and amend 767.24 (2) (a), 767.33 (1m) (a) and 891.39 (1) (a);
to
8consolidate, renumber and amend 767.001 (2) (intro.) and (a), 767.11 (9)
9(intro.) and (b) and ;
to amend 20.921 (2) (a), 49.141 (1) (b), 51.30 (5) (bm), 55.07
10(2), 102.27 (2) (a), 115.81 (9) (c), 146.835, 757.48 (1) (a), 758.19 (5) (a) 2., 767.001
11(1s), 767.001 (2m), 767.001 (3), 767.02 (1) (k), 767.05 (1m), 767.081 (2) (a)
12(intro.), 767.083 (2), 767.085 (1) (a), 767.085 (1) (j) (intro.), 767.085 (1) (j) 1.,
13767.085 (1) (j) 2., 767.085 (2) (a), 767.087 (1) (c), 767.087 (2), 767.087 (3) (b),
14767.10 (1), 767.11 (8) (b) (intro.), 767.11 (8) (b) 1., 767.11 (8) (b) 2., 767.11 (8) (b)
14., 767.11 (10) (intro.), 767.11 (10) (a), 767.11 (10) (b), 767.11 (12) (a) and (b),
2767.11 (14) (a) 1., 767.11 (14) (a) 2., 767.11 (14) (b), 767.115 (title) and (1), 767.14,
3767.23 (1) (intro.), 767.23 (1) (a), 767.23 (1n), 767.23 (2), 767.24 (1), 767.24 (4)
4(a), 767.24 (4) (d), 767.24 (6) (b), 767.24 (6) (c), 767.245 (1), 767.245 (3) (intro.),
5767.245 (3) (f), 767.245 (3m) (c), 767.25 (2), 767.255 (1), 767.265 (3h), 767.265
6(4), 767.265 (6) (a), 767.265 (6) (b), 767.265 (6) (c), 767.45 (1) (d), 767.45 (1) (i),
7767.458 (1) (b), 767.458 (1) (c), 767.458 (1) (d), 767.46 (2) (c), 767.46 (4), 767.46
8(5), 767.465 (2m) (a), 767.475 (1), 767.51 (3), 767.51 (4), 767.51 (5) (e), 767.51
9(6), 767.52 (1), 769.302, 802.12 (3) (b), 803.01 (3) (b) 1., 803.01 (3) (b) 2., 814.61
10(1) (c), 814.61 (7) (c), 977.05 (4) (i) 7. and 977.05 (6) (b) 1.;
to repeal and
11recreate 767.045, 767.23 (1) (am), 767.24 (2) (b), 767.24 (4) (b), 767.325 (1) and
12767.327; and
to create 767.001 (4m), 767.23 (1c) (intro.), 767.24 (2) (a) 1. and
132., 767.24 (6) (bm) and 767.53 (3) of the statutes;
relating to: standards for
14determining legal custody and physical placement of children in actions
15affecting the family, jurisdictional requirements in actions affecting the family,
16prohibitions against moving a child outside of a school district after divorce,
17standards for modifying custody and physical placement orders, temporary
18orders in actions affecting the family, visitation rights of 3rd parties,
19prohibiting the appointment of a guardian ad litem in all but certain actions
20affecting the family and making records of paternity proceedings open records.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes to the provisions of the statutes that apply
to actions affecting the family, the 2 most common of which are divorce and paternity
actions. The changes relate especially to procedure and custody and physical
placement determinations, including revisions to custody and physical placement
orders, and apply to all actions affecting the family, including paternity actions after
paternity has been determined, unless otherwise indicated.
Custody and physical placement
Under current law, a court must make a custody determination based on the
best interest of the child. The court may grant sole custody to one parent or joint
custody to both parents, but the court may grant joint custody only if the parents
agree to it or if the court finds that both parents are capable of caring for the child,
that no conditions exist that would interfere with the exercise of joint custody and
that the parents will be able to cooperate in the future decision making required
under an award of joint custody. The court may also find that neither parent is fit
and proper to have custody, declare the child to be in need of protection or services
and transfer legal custody to a county social services or human services department
or licensed child welfare agency. Joint legal custody means that both parents have
the right and responsibility to make major decisions concerning the child, and major
decisions include decisions regarding consent to marry, consent to obtain a driver's
license, authorization for nonemergency health care and the choice of school and
religion. Current law provides that in a paternity matter the mother is to have sole
legal custody unless the court orders otherwise.
This bill removes the best interest of the child as the basis for a court's
determination regarding custody and provides that there are rebuttable
presumptions that both parents are fit and have the ability to rear their children and
that joint legal custody and equal periods of physical placement are fundamental
rights of each parent and child. A court may order sole legal custody only if the
parents agree that one parent should have sole legal custody or if the parental rights
of one parent have been terminated. The court must order joint legal custody if one
or both parents request it. The provision that authorizes the court to transfer legal
custody to a county department or licensed child welfare agency is eliminated, as well
as the provision related to awarding sole custody to the mother in a paternity matter.
Under current law, a court must allocate periods of physical placement (the
time that a child is actually placed with a parent) after considering a number of
factors, such as the wishes of the child and of each parent, the child's interaction and
interrelationship with each parent, the child's adjustment to the home and
community, the mental and physical health of the parties, the availability of child
care services and whether either of the parties has a problem with alcohol or drug
abuse. A child is entitled to periods of physical placement with each parent unless
the court finds that physical placement with a parent would endanger the child's
physical, mental or emotional health. The bill removes these provisions and provides
that, if the court orders sole legal custody because the parties have agreed to it or
joint legal custody, the court must approve any schedule for the allocation of physical
placement that the parties agree to and submit to the court in writing. If the parties
do not agree, the court must order each party to submit a schedule and the court must
order the schedule that sets forth the most equal allocation of physical placement.
If neither schedule submitted by the parties is substantially equal and each proposes
a greater amount of time for himself or herself, the court must order equal periods
and require the parties to alternate spending with the child specified holidays and
the child's birthday.
The bill changes the definition of major decisions (those decisions that any
parent with legal custody may make) by excluding choice of school and religion and
removes from the court the authority to specify any major decisions in addition to the
ones specified in the definition. Although the parties may stipulate that one party
has the sole power to make specified decisions, the bill removes from the court the
authority to give one party that power and limits the court to specifying one parent
as the primary caretaker of the child for the purpose of determining eligibility for aid
to families with dependent children (AFDC) or benefits under the Wisconsin works
program (W-2) only if both parents are eligible for public assistance funded by a
relief block grant. The court may determine and specify a child's primary provider
for health care if the parties do not agree.
Modifications to custody and physical placement orders
Under current law, a court may not, within the first 2 years after the initial
order is entered, modify a physical placement order if the modification would
substantially alter the amount of time that a parent spends with a child, or modify
a custody order, unless the modification is necessary because the current custodial
conditions are physically or emotionally harmful to the best interest of the child.
After 2 years after the initial order is entered, a court may modify a custody order,
or modify a physical placement order even if the modification would substantially
alter the amount of time that a parent spends with a child, if there has been a
substantial change in circumstances since the entry of the last order and if the
modification is in the child's best interest. The court may modify a physical
placement order if the modification does not substantially alter the amount of time
that a parent spends with a child or if the parents have substantially equal periods
of physical placement and that arrangement becomes impractical on the basis of the
best interest of the child. This bill removes those provisions and provides that a court
must modify a physical placement order in a way that alters the time a parent spends
with a child, and must modify a custody order, if a parent requests a modification and
the current order is not in compliance with the statutory provision that specifies the
manner in which the court must award custody and physical placement, if a parent's
parental rights have been terminated or if the parents agree to a modification.
Under current law, a parent who has legal custody of and physical placement
with a child must provide notice to the other parent if he or she intends to establish
his or her legal residence with the child at any location outside the state or at any
location within the state at a distance of 150 miles or more from the other parent or
if he or she intends to remove the child from the state for more than 90 consecutive
days. If the other parent sends a notice of objection, the court or family court
commissioner must refer the parties to mediation and appoint a guardian ad litem
for the child. The parent proposing the move or removal is prohibited from taking
the proposed action until the dispute is resolved, unless the parent obtains a
temporary order from the court or family court commissioner allowing the move or
removal. If mediation is not successful, the parent objecting to the proposed action
may file a petition, motion or order to show cause for modification of legal custody
or physical placement, and the matter proceeds to a hearing before the court. The
court may modify legal custody or physical placement if the move will result in a
substantial change of circumstances since the last order affecting legal custody or
physical placement and if modification is in the child's best interest. As an
alternative to modification of legal custody or physical placement, the objecting
parent may request an order prohibiting the move or the removal of the child. The
court must consider whether the proposed action is reasonable; the nature and
extent of the child's relationship with the other parent and the disruption to the
relationship that the proposed action may cause; and the availability of alternative
arrangements to foster and continue the child's relationship with and access to the
other parent in making its determination of whether to prohibit the move or the
removal of the child. The court may prohibit the move or the removal if it finds that
doing so is in the child's best interest. The burden of proof is on the parent objecting
to the move or removal. There is a rebuttable presumption that it is in the child's best
interest to remain with the parent with whom the child currently resides for the
greater period of time, which may be overcome by a showing that the move or the
removal is unreasonable and not in the child's best interest.
This bill provides that, if both parents are awarded physical placement with the
child in any action affecting the family, neither parent may establish a legal
residence for the child that is outside the school district in which the child resided
on the 180th day before the commencement of the action affecting the family, or since
birth if the child is less than 6 months old, or other school district agreed upon by the
parties. The court may, however, allow a parent to establish a legal residence for the
child outside of that school district if the parent shows that for at least one year the
other parent has exercised his or her physical placement rights for less than 10% of
the amount of time awarded by the court. If one of the parents wishes to establish
his or her legal residence outside of the child's school district, that parent must
provide at least 60 days' written notice to the other parent. If the proposed move
would make it difficult or impractical for the physical placement arrangement to
continue and at the same time for the child to remain in the same school district,
either parent may request a modification to the physical placement order. The court
must approve any modified physical placement schedule that the parents agree to.
If the parents do not agree, the court may modify the physical placement schedule
in such a way that the parent not proposing the move is awarded physical placement
with the child during weekdays and weeknights while school is in session, at least
one weekend per month, at least 4 weeks during the summer and alternating
holidays. The parent proposing the move must be responsible for transportation
costs incurred in exercising his or her physical placement rights and must be
awarded the maximum amount of physical placement that is reasonable under the
circumstances. If both parents wish to establish their legal residences or a legal
residence for the child outside of the child's current school district and do not agree
on a new school district, the court may designate one of the parents' new legal
residences as the child's legal residence for the purpose of establishing a new school
district for the child. The court must choose the legal residence that the court
determines will maximize the amount of time that each parent may spend with the
child. If one of the parents has already established a legal residence outside of the
child's current school district, the court may allow the other parent to establish a
legal residence for the child in a different school district if the parent who moved first
does not wish to move back to the child's current school district and if the move does
not increase the distance from the parent who moved first.
Paternity actions
In addition to the changes that the bill makes with respect to actions affecting
the family in general, the bill makes some changes that relate to paternity actions
alone. Under current law, in a paternity action that is commenced by a man who
claims to be the father of a child who was born to a woman while she was married
to another man, a party may allege that a judicial determination that a man other
than the mother's husband is the child's father is not in the child's best interest. If
the judge or family court commissioner agrees that such a determination is not in the
child's best interest, no genetic tests may be taken and the action is dismissed. The
bill eliminates this provision and provides that a man against whom a paternity
action was dismissed, on the basis of the eliminated provision, before the date on
which the bill is enacted may commence another paternity action.
Current law provides that the liability of an adjudicated father of a child for
past support is limited to support for the period after the birth of the child. The bill
changes this to support for the period after the man is adjudicated to be the father.
Current law provides that, with certain exceptions, records of paternity
proceedings are closed. The bill provides that the records are open to public
inspection if the alleged father was adjudicated to be the father.
Miscellaneous changes
The bill makes an important change related to the appointment of a guardian
ad litem. Under current law, a court in an action affecting the family must appoint
a guardian ad litem for a minor child to represent the interests of the minor child if
the court has reason for special concern as to the welfare of the child or if legal custody
or physical placement is contested. The court must also appoint a guardian ad litem
to bring a paternity action on behalf of a minor nonmarital child if the child is
receiving AFDC, if the child's custodian is receiving benefits under W-2 or if an
application for legal services has been filed on behalf of the child with the state child
support program, and the state is barred from commencing a paternity action by a
statute of limitations. The bill retains the requirement that the court appoint a
guardian ad litem to bring a paternity action on behalf of a minor nonmarital child
under the same circumstances as under current law, but prohibits the court from
appointing a guardian ad litem under any other circumstances in an action affecting
the family. Under the bill, if the court has reason for special concern as to the welfare
of a minor child, the court must order one or both parents to file a petition alleging
that the child is in need of protection or services. If the court takes jurisdiction of the
child on the basis of that petition, the court may appoint a guardian ad litem for the
proceedings related to that petition.
Another important change relates to temporary orders. Under current law, the
court or family court commissioner may, upon request, make temporary orders
pending the final judgment in an action affecting the family concerning such matters
as custody and physical placement of minor children, child support and payment of
debts. Under the bill, the court or family court commissioner is required in every
action affecting the family to make a temporary order that grants joint legal custody
of any minor children to the parties and that grants the parties equal periods of
physical placement with any minor children of the parties.
The bill makes a number of other miscellaneous changes. Under current law,
a divorce action may not be commenced unless at least one of the parties has been
a resident of the county in which the action is brought for not less than 30 days. This
residency requirement is lengthened to 6 months. Stipulations under current law
are subject to the approval of the court. The bill generally removes this approval
requirement and requires the court to incorporate into the appropriate judgment or
order any stipulation of the parties. Under current law, the parties to an action
affecting the family are prohibited from certain actions during the pendency of the
action, including establishing a residence with a minor child of the parties outside
the state or more than 150 miles from the residence of the other party within the
state, removing a minor child of the parties from the state for more than 90
consecutive days or concealing a minor child of the parties from the other party. The
bill instead prohibits any party from establishing a legal residence for a minor child
of the parties outside the school district in which the child resided on the 180th day
before the commencement of the action, or since birth if the child is less than 6
months old, or other school district agreed upon by the parties, and from removing
a minor child of the parties from the state for 14 consecutive days or more without
the written approval of the other party. The bill also makes some changes in the
mediation procedure under current law and requires the court to approve any
agreement that the parties reach as a result of mediation, as long as it is knowingly
and voluntarily made and not unconscionable.
For further information see the state and 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:
AB442, s. 1
1Section
1. 20.921 (2) (a) of the statutes is amended to read:
AB442,8,22
20.921
(2) (a) Whenever it becomes necessary in pursuance of any federal or
3state law or court-ordered assignment of income under s. 46.10 (14) (e), 767.23
(1)
4(L) (1c) (i), 767.25 (4m) (c), 767.265 or 767.51 (3m) (c) to make deductions from the
5salaries of state officers or employes or employes of the University of Wisconsin
6Hospitals and Clinics Authority, the state agency or authority by which the officers
7or employes are employed is responsible for making such deductions and paying over
1the total thereof for the purposes provided by the laws or orders under which they
2were made.
AB442, s. 2
3Section
2. 49.141 (1) (b) of the statutes is amended to read:
AB442,8,84
49.141
(1) (b) "Custodial parent" means, with respect to a dependent child, a
5parent who resides with that child and, if there has been a determination of legal
6custody with respect to the dependent child, has legal custody of that child. For the
7purposes of this paragraph, "legal custody" has the meaning given in s. 767.001 (2)
8(a).
AB442, s. 3
9Section
3. 51.30 (5) (bm) of the statutes is amended to read:
AB442,8,1310
51.30
(5) (bm)
Parents denied physical placement. A parent who has been
11denied periods of physical placement with a child under s. 767.24
(4) (b) or 767.325
12(4) may not have the rights of a parent or guardian under pars. (a) and (b) with
13respect to access to that child's court or treatment records.
AB442, s. 4
14Section
4. 55.07 (2) of the statutes is amended to read:
AB442,8,1715
55.07
(2) A parent who has been denied periods of physical placement under
16s. 767.24
(4) (b) or 767.325
(4) may not have the rights of a parent or guardian with
17respect to access to a child's records under this chapter.
AB442, s. 5
18Section
5. 102.27 (2) (a) of the statutes is amended to read:
AB442,8,2019
102.27
(2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e),
20767.23
(1) (L) (1c) (i), 767.25 (4m) (c), 767.265 (1) or 767.51 (3m) (c).
AB442, s. 6
21Section
6. 115.81 (9) (c) of the statutes is amended to read:
AB442,8,2522
115.81
(9) (c) Notwithstanding ss. 48.345, 48.363, 48.427 (3),
767.24 (3), 880.12,
23880.15, 938.183, 938.34 (4), (4h), (4m) and (4n), 938.345 and 938.363, a surrogate
24parent has the authority to act as the child's parent in all matters relating to this
25subchapter.
AB442, s. 7
1Section
7. 146.835 of the statutes is amended to read:
AB442,9,5
2146.835 Parents denied physical placement rights. A parent who has
3been denied periods of physical placement under s. 767.24
(4) (b) or 767.325
(4) may
4not have the rights of a parent or guardian under this chapter with respect to access
5to that child's patient health care records under s. 146.82 or 146.83.
AB442, s. 8
6Section
8. 757.48 (1) (a) of the statutes is amended to read:
AB442,9,127
757.48
(1) (a) Except as provided in s. 879.23 (4), in all matters in which a
8guardian ad litem is appointed by the court, the guardian ad litem shall be an
9attorney admitted to practice in this state.
In order to be appointed as a guardian
10ad litem under s. 767.045, an attorney shall have completed 3 hours of approved
11continuing legal education relating to the functions and duties of a guardian ad litem
12under ch. 767.
AB442, s. 9
13Section
9. 758.19 (5) (a) 2. of the statutes is amended to read:
AB442,9,1514
758.19
(5) (a) 2. Fees for expert witnesses called by the guardian ad litem under
15s. 767.045 (6)
, 1995 stats., if either or both parties are unable to pay those fees.
AB442, s. 10
16Section
10. 767.001 (1s) of the statutes is amended to read:
AB442,9,2017
767.001
(1s) "Joint legal custody" means the condition under which both
18parties share legal custody and neither party's legal custody rights are superior,
19except with respect to specified decisions as
set forth stipulated by the
court or the 20parties
and set forth in the final judgment or order.
AB442, s. 11
21Section
11. 767.001 (2) (intro.) and (a) of the statutes are consolidated,
22renumbered 767.001 (2) and amended to read:
AB442,9,2523
767.001
(2) "Legal custody" means
: (a) With,with respect to any person
24granted legal custody of a child,
other than a county agency or a licensed child welfare
25agency under par. (b), the right and responsibility to make major decisions
1concerning the child, except with respect to specified decisions as
set forth stipulated 2by the
court or the parties
and set forth in the final judgment or order.
AB442, s. 12
3Section
12. 767.001 (2) (b) of the statutes is repealed.
AB442, s. 13
4Section
13. 767.001 (2m) of the statutes is amended to read:
AB442,10,85
767.001
(2m) "Major decisions"
includes, but is not limited to, means decisions
6regarding consent to marry, consent to enter military service, consent to obtain a
7motor vehicle operator's license
, and authorization for nonemergency health care
8and choice of school and religion.
AB442, s. 14
9Section
14. 767.001 (3) of the statutes is amended to read:
AB442,10,1610
767.001
(3) "Mediation" means a cooperative process involving the parties and
11a mediator, the purpose of which is to help the parties, by applying communication
12and dispute resolution skills, define and resolve their own disagreements
, with the
13best interest of the child as the paramount consideration and to encourage the
14parties to cooperate in making decisions regarding their minor children, based on the
15principle that each parent has an equal right of access to and equal responsibility to
16provide care for their minor children.
AB442, s. 15
17Section
15. 767.001 (4m) of the statutes is created to read:
AB442,10,1918
767.001
(4m) "Nonemergency health care" means routine health care and
19includes such care as acute illness care, physical examinations and dental care.
AB442, s. 16
20Section
16. 767.02 (1) (k) of the statutes is amended to read:
AB442,10,2321
767.02
(1) (k) Concerning periods of physical placement or visitation rights to
22children
, including an action to prohibit a move with or the removal of a child under
23s. 767.327 (3) (c).
AB442, s. 17
24Section
17. 767.045 of the statutes is repealed and recreated to read:
AB442,11,8
1767.045 Petition to juvenile court; guardian ad litem. (1)
2Notwithstanding s. 803.01 (3) and except as provided in sub. (2), the court may not
3appoint a guardian ad litem for a minor child in an action affecting the family. If at
4any time during the pendency of an action affecting the family in which a minor child
5is involved the court has reason for special concern as to the welfare of the minor
6child, the court shall order a parent or the parents to file a petition under s. 48.25 (1)
7to initiate proceedings under s. 48.13. If the court takes jurisdiction over the child
8under s. 48.13, the court may appoint a guardian ad litem as provided in s. 48.235.
AB442,11,14
9(2) (a) The attorney responsible for support enforcement under s. 59.53 (6) (a)
10may request that the court or family court commissioner appoint a guardian ad litem
11to bring an action or motion on behalf of a minor who is a nonmarital child whose
12paternity has not been adjudicated for the purpose of determining the paternity of
13the child, and the court or family court commissioner shall appoint a guardian ad
14litem, if any of the following applies:
AB442,11,1815
1. Aid is provided under s. 46.261, 48.57 (3m), 49.19 or 49.45 on behalf of the
16child, or benefits are provided to the child's custodial parent under ss. 49.141 to
1749.161, but the state and its delegate under s. 49.22 (7) are barred by a statute of
18limitations from commencing an action under s. 767.45 on behalf of the child.
AB442,11,2219
2. An application for legal services has been filed with the child support
20program under s. 49.22 on behalf of the child, but the state and its delegate under
21s. 49.22 (7) are barred by a statute of limitations from commencing an action under
22s. 767.45 on behalf of the child.
AB442,12,223
(b) A guardian ad litem appointed under par. (a) shall bring an action or motion
24for the determination of the child's paternity. The appointment of a guardian ad
1litem under par. (a) terminates upon the entry of the court's order determining the
2existence or nonexistence of paternity.
AB442, s. 18
3Section
18. 767.05 (1m) of the statutes is amended to read:
AB442,12,144
767.05
(1m) Residence. No action under s. 767.02 (1) (a) or (b) may be brought
5unless at least one of the parties has been a bona fide resident of the county in which
6the action is brought for not less than
30 days 6 months next preceding the
7commencement of the action, or unless the marriage has been contracted within this
8state within one year prior to the commencement of the action. No action under s.
9767.02 (1) (c) or (d) may be brought unless at least one of the parties has been a bona
10fide resident of the county in which the action is brought for not less than
30 days 116 months next preceding the commencement of the action. No action under s. 767.02
12(1) (c) may be brought unless at least one of the parties has been a bona fide resident
13of this state for not less than 6 months next preceding the commencement of the
14action.
AB442, s. 19
15Section
19. 767.081 (2) (a) (intro.) of the statutes is amended to read:
AB442,12,1816
767.081
(2) (a) (intro.) The family court commissioner shall,
with or without
17charge, provide the party with written information on the following, as appropriate
18to the action commenced:
AB442, s. 20
19Section
20. 767.083 (2) of the statutes is amended to read:
AB442,12,2420
767.083
(2) An order by the court, after consideration of the recommendation
21of the family court commissioner, directing an immediate hearing on the petition for
22the protection of the health or safety of either of the parties or of any child of the
23marriage parties or for other emergency reasons consistent with the policies of this
24chapter. The court shall upon granting such order specify the grounds therefor.
AB442, s. 21
25Section
21. 767.085 (1) (a) of the statutes is amended to read:
AB442,13,3
1767.085
(1) (a) The name and birthdate of the parties, the social security
2numbers of the
husband and wife parties and their occupations, the date and place
3of marriage and the facts relating to the residence of both parties.
AB442, s. 22
4Section
22. 767.085 (1) (j) (intro.) of the statutes is amended to read:
AB442,13,85
767.085
(1) (j) (intro.) Unless the action is one under s. 767.02 (1) (g) or (h), that
6during the pendency of the action, the parties are prohibited from, and may be held
7in contempt of court for, doing any of the following without the consent of the other
8party
or an order of the court or family court commissioner: