AB354: Bill Text

AB354, s. 152 Section 152. 767.11 (5) (a) of the statutes is amended to read:

AB354,56,13 767.11 (5) (a) In any action affecting the family, including a revision of judgment or order under s. 767.32 or 767.325, in which it appears that legal custody or physical placement is contested, the court or family circuit court commissioner shall refer the parties to the director of family court counseling services for possible mediation of those contested issues. The court or the family circuit court commissioner shall inform the parties that the confidentiality of communications in mediation is waived if the parties stipulate under sub. (14) (c) that the person who provided mediation to the parties may also conduct the legal custody or physical placement study under sub. (14).

AB354, s. 153 Section 153. 767.11 (5) (b) of the statutes is amended to read:

AB354,56,19 767.11 (5) (b) If both parties to any action affecting the family wish to have joint legal custody of a child, either party may request that the court or family circuit court commissioner to refer the parties to the director of family court counseling services for assistance in resolving any problem relating to joint legal custody and physical placement of the child. Upon request, the court shall so refer the parties.

AB354, s. 154 Section 154. 767.11 (5) (c) of the statutes is amended to read:

AB354,57,2 767.11 (5) (c) A person who is awarded periods of physical placement, a child of such a person, a person with visitation rights or a person with physical custody of a child may notify the family a circuit court commissioner of any problem he or she has relating to any of these matters. Upon notification, the family circuit court commissioner may refer any person involved in the matter to the director of family court counseling services for assistance in resolving the problem.

AB354, s. 155 Section 155. 767.11 (6) of the statutes is amended to read:

AB354,57,11 767.11 (6) Action upon referral. Whenever a court or family circuit court commissioner refers a party to the director of family court counseling services for possible mediation, the director shall assign a mediator to the case. The mediator shall provide mediation if he or she determines it is appropriate. If the mediator determines mediation is not appropriate, he or she shall so notify the court. Whenever a court or family circuit court commissioner refers a party to the director of family court counseling services for any other family court counseling service, the director shall take appropriate action to provide the service.

AB354, s. 156 Section 156. 767.11 (7) of the statutes is amended to read:

AB354,57,18 767.11 (7) Private mediator. The parties to any action affecting the family may, at their own expense, receive mediation services from a mediator other than one who provides services under sub. (3). Parties who receive services from such a mediator shall sign and file with the director of family court counseling services and with the court or family circuit court commissioner a written notice stating the mediator's name and the date of the first meeting with the mediator.

AB354, s. 157 Section 157. 767.11 (13) of the statutes is amended to read:

AB354,57,23 767.11 (13) Powers of court or family circuit court commissioner. Except as provided in sub. (8), referring parties to mediation under this section does not affect the power of the court or family a circuit court commissioner to make any necessary order relating to the parties during the course of the mediation.

AB354, s. 158 Section 158. 767.115 (1) (a) of the statutes is amended to read:

AB354,58,6 767.115 (1) (a) At any time during the pendency of an action affecting the family in which a minor child is involved and in which the court or family circuit court commissioner determines that it is appropriate and in the best interest of the child, the court or family circuit court commissioner, on its own motion, may order the parties to attend a program specified by the court or family circuit court commissioner concerning the effects on a child of a dissolution of the marriage.

AB354, s. 159 Section 159. 767.115 (1) (b) of the statutes is amended to read:

AB354,58,14 767.115 (1) (b) At any time during the pendency of an action to determine the paternity of a child, or an action affecting the family for which the underlying action was an action to determine the paternity of a child, if the court or family circuit court commissioner determines that it is appropriate and in the best interest of the child, the court or family circuit court commissioner, on its own motion, may order either or both of the parties to attend a program specified by the court or family circuit court commissioner providing training in parenting or coparenting skills, or both.

AB354, s. 160 Section 160. 767.115 (1m) of the statutes is amended to read:

AB354,58,21 767.115 (1m) A program under sub. (1) shall be educational rather than therapeutic in nature and may not exceed a total of 4 hours in length. The parties shall be responsible for the cost, if any, of attendance at the program. The court or family circuit court commissioner may specifically assign responsibility for payment of any cost. No facts or information obtained in the course of the program, and no report resulting from the program, is admissible in any action or proceeding.

AB354, s. 161 Section 161. 767.115 (2) of the statutes is amended to read:

AB354,59,2 767.115 (2) Notwithstanding s. 767.07, the court or family circuit court commissioner may require the parties to attend a program under sub. (1) as a condition to the granting of a final judgment or order in the action affecting the family that is pending before the court or family circuit court commissioner.

AB354, s. 162 Section 162. 767.115 (4) (a) of the statutes is amended to read:

AB354,59,9 767.115 (4) (a) At any time during the pendency of a divorce or paternity action, the court or family circuit court commissioner may order the parties to attend a class that is approved by the court or family circuit court commissioner and that addresses such issues as child development, family dynamics, how parental separation affects a child's development and what parents can do to make raising a child in a separated situation less stressful for the child.

AB354, s. 163 Section 163. 767.115 (4) (b) of the statutes is amended to read:

AB354,59,15 767.115 (4) (b) The court or family circuit court commissioner may not require the parties to attend a class under this subsection as a condition to the granting of the final judgment or order in the divorce or paternity action, however, the court or family circuit court commissioner may refuse to hear a custody or physical placement motion of a party who refuses to attend a class ordered under this subsection.

AB354, s. 164 Section 164. 767.115 (4) (c) 2. of the statutes is amended to read:

AB354,59,19 767.115 (4) (c) 2. If the court or family circuit court commissioner finds that a party is indigent, any costs that would be the responsibility of that party shall be paid by the county.

AB354, s. 165 Section 165. 767.12 (1) of the statutes is amended to read:

AB354,59,25 767.12 (1) Proceedings. In actions affecting the family, all hearings and trials to determine whether judgment shall be granted, except hearings under s. 767.13 (5) 757.69 (1) (p) 3., shall be before the court. The testimony shall be taken by the reporter and shall be written out and filed with the record if so ordered by the court. Custody proceedings shall receive priority in being set for hearing.

AB354, s. 166 Section 166. 767.125 of the statutes is amended to read:

AB354,60,8 767.125 Order for appearance of litigants. Unless nonresidence in the state is shown by competent evidence, service is by publication, or the court shall for other good cause otherwise order, both parties in actions affecting the family shall be required to appear upon the trial. An order of the court or family a circuit court commissioner to that effect shall accordingly be procured by the moving party, and shall be served upon the nonmoving party before the trial. In the case of a joint petition the order is not required.

AB354, s. 167 Section 167. 767.13 (title) of the statutes is repealed.

AB354, s. 168 Section 168. 767.13 (1) of the statutes is renumbered 757.68 (2m) (a) and amended to read:

AB354,60,18 757.68 (2m) (a) Counties other than Milwaukee. 1. `Appointment.' In each county, except in a county having a population of 500,000 or more, the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district, shall, by order filed in the office of the clerk of the circuit court on or before the first Monday of July of each year, appoint some reputable attorney of recognized ability and standing at the bar as the a circuit court commissioner to supervise the office of family court commissioner for the county.

AB354,61,10 2. `Powers; civil service; oath; temporary appointment; assistants.' The family court commissioner, by virtue of the office and to the extent required for the performance of the duties, has the powers of a court commissioner. The circuit court commissioner appointed to supervise the office of family court commissioner is in addition to the maximum number of circuit court commissioners permitted by s.757.68 sub. (1). The circuit court commissioner supervising the office of the family court commissioner, or any assistant circuit court commissioner assisting in family matters, may be placed under a county civil service system by resolution of the county board. Before entering upon the discharge of the duties the family court commissioner shall take and file the official oath. The person appointed shall continue to act until a successor is appointed and qualified, except that in the event of disability or extended absence the judges may appoint another reputable attorney to act as temporary family court commissioner. The county board may provide that one or more assistant family court commissioners shall be appointed by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district. An assistant family court commissioner shall have the same qualifications as the commissioner and shall take and file the official oath.

AB354, s. 169 Section 169. 767.13 (2) (title) of the statutes is repealed.

AB354, s. 170 Section 170. 767.13 (2) (a) of the statutes is renumbered 757.68 (2m) (b) and amended to read:

AB354,61,21 757.68 (2m) (b) Appointment; assistants; civil service Milwaukee County. In counties having a population of 500,000 or more, there is created in the classified civil service a circuit court commissioner position to supervise the office of family court commissioner and such additional assistant family circuit court commissioners commissioner positions as the county board shall determine and authorize, who. Circuit court commissioners shall be appointed from the membership of the bar residing in the county to these positions by the chief judge of the judicial administrative district under ss. 63.01 to 63.17 SCR 75.02 (1).

AB354, s. 171 Section 171. 767.13 (2) (b), (3) and (4) of the statutes are repealed.

AB354, s. 172 Section 172. 767.13 (5) (title) and (a) (title) of the statutes are repealed.

AB354, s. 173 Section 173. 767.13 (5) (a) of the statutes is renumbered 757.69 (1) (p) (intro.) and amended to read:

AB354,62,4 757.69 (1) (p) (intro.) On authority delegated by a judge, which may be by a standard order, and with the approval of the chief judge of the judicial administrative district, a family court commissioner may preside When assigned to assist in matters affecting the family:

AB354,62,14 1. Preside at any hearing held to determine whether a judgment of divorce shall be granted, if both parties state that the marriage is irretrievably broken and that all material issues, including but not limited to division of property or estate, legal custody, physical placement, child support, spousal maintenance and family support, are resolved or if one party does not participate in the action for divorce. The family A circuit court commissioner may grant and enter judgment in any action over which he or she presides under this paragraph subdivision unless the judgment modifies an agreement between the parties on material issues. If the family circuit court commissioner does not approve an agreement between the parties on material issues, the action shall be certified to the court for trial.

AB354, s. 174 Section 174. 767.13 (5) (b) (title) of the statutes is repealed.

AB354, s. 175 Section 175. 767.13 (5) (b) of the statutes is renumbered 757.69 (1) (p) 2. and amended to read:

AB354,62,21 757.69 (1) (p) 2. On authority delegated by a judge, which may be by a standard order, a family court commissioner may conduct Conduct hearings and enter judgments in actions for enforcement of, or revision of judgment for, maintenance, custody, physical placement or visitation.

AB354, s. 176 Section 176. 767.13 (5) (c) (title) of the statutes is repealed.

AB354, s. 177 Section 177. 767.13 (5) (c) of the statutes is renumbered 757.69 (1) (p) 3. and amended to read:

AB354,63,6 757.69 (1) (p) 3. Except when otherwise ordered by a judge, a family court commissioner may prohibited by the chief judge of the judicial administrative district, conduct hearings and enter orders and judgments in actions to establish paternity, in actions to establish or enforce a child support or a family support obligation and in actions to revise orders or judgments for child support or family support.

AB354, s. 178 Section 178. 767.13 (6) of the statutes is repealed.

AB354, s. 179 Section 179. 767.13 (7) (title) of the statutes is repealed.

AB354, s. 180 Section 180. 767.13 (7) of the statutes is renumbered 757.69 (2t) and amended to read:

AB354,63,13 757.69 (2t) Each family A circuit court commissioner shall cooperate with the county and the department to ensure that all dependent children receive reasonable and necessary child support.

AB354, s. 181 Section 181. 767.14 of the statutes is amended to read:

AB354,63,24 767.14 Service on office of family court commissioner and appearance by family circuit court commissioner. In any action affecting the family, each party shall, either within 20 days after making service on the opposite party of any petition or pleading or before filing such petition or pleading in court, serve a copy of the same upon the circuit court commissioner supervising the office of family court commissioner of the county in which the action is begun, whether such action is contested or not. No judgment in any such action shall be granted unless this section is complied with except when otherwise ordered by the court. Such A circuit court commissioner assisting in matters affecting the family may appear in an action under this chapter when appropriate; and shall appear when requested by the court.

AB354, s. 182 Section 182. 767.145 (1) of the statutes is amended to read:

AB354,64,4 767.145 (1) After the expiration of the period specified by the statute, the court may in its discretion, upon petition and without notice, extend the time within which service shall be made upon the circuit court commissioner supervising the office of family court commissioner.

AB354, s. 183 Section 183. 767.15 (1) of the statutes is amended to read:

AB354,64,13 767.15 (1) In any action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or family circuit court commissioner to order, or to modify a previous order, relating to child support, maintenance or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading upon the county child support agency under s. 59.53 (5) of the county in which the action is begun.

AB354, s. 184 Section 184. 767.16 of the statutes is amended to read:

AB354,64,24 767.16 Family Circuit court commissioner or law partner; when interested; procedure. Neither a family circuit court commissioner assisting in matters affecting the family nor a partner may appear in any action affecting the family in any court held in the county in which the family circuit court commissioner is acting, except when authorized to appear by s. 767.14. In case the circuit court commissioner or a partner shall be in any way interested in such action, the presiding judge shall appoint some reputable attorney to perform the services enjoined upon such family the circuit court commissioner and such. The appointed attorney, so appointed, shall take and file the oath and receive the compensation provided by law.

AB354, s. 185 Section 185. 767.17 of the statutes is repealed.

AB354, s. 186 Section 186. 767.23 (1) (intro.) of the statutes is amended to read:

AB354,65,5 767.23 (1) (intro.) Except as provided in ch. 822, in every action affecting the family, the court or family circuit court commissioner may, during the pendency thereof, make just and reasonable temporary orders concerning the following matters:

AB354, s. 187 Section 187. 767.23 (1) (a) of the statutes is amended to read:

AB354,65,12 767.23 (1) (a) Upon request of one party, granting legal custody of the minor children to the parties jointly, to one party solely or to a relative or agency specified under s. 767.24 (3), in a manner consistent with s. 767.24, except that the court or family circuit court commissioner may order sole legal custody without the agreement of the other party and without the findings required under s. 767.24 (2) (b) 2. This order may not have a binding effect on a final custody determination.

AB354, s. 188 Section 188. 767.23 (1) (am) of the statutes is amended to read:

AB354,65,18 767.23 (1) (am) Upon the request of a party, granting periods of physical placement to a party in a manner consistent with s. 767.24. The court or family circuit court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of physical placement is filed.

AB354, s. 189 Section 189. 767.23 (1m) of the statutes is amended to read:

AB354,65,25 767.23 (1m) If a family circuit court commissioner believes that a temporary restraining order or injunction under s. 813.12 is appropriate in an action, the circuit court commissioner shall inform the parties of their right to seek the order or injunction and the procedure to follow. On a motion for such a restraining order or injunction, the family circuit court commissioner shall submit the motion to the court within 5 working days.

AB354, s. 190 Section 190. 767.23 (1n) of the statutes is amended to read:

AB354,66,14 767.23 (1n) Before making any temporary order under sub. (1), the court or family circuit court commissioner shall consider those factors that the court is required by this chapter to consider before entering a final judgment on the same subject matter. In making a determination under sub. (1) (a) or (am), the court or family circuit court commissioner shall consider the factors under s. 767.24 (5). If the court or family circuit court commissioner makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court or family circuit court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or the family circuit court commissioner. Temporary orders made by the family a circuit court commissioner may be reviewed by the court as provided in s. 767.13 (6).

AB354, s. 191 Section 191. 767.242 (3) (b) of the statutes is amended to read:

AB354,66,19 767.242 (3) (b) The petition shall request the imposition of a remedy or any combination of remedies under sub. (5) (b) and (c). This paragraph does not prohibit a judge or family circuit court commissioner from imposing a remedy under sub. (5) (b) or (c) if the remedy was not requested in the petition.

AB354, s. 192 Section 192. 767.242 (3) (c) of the statutes is amended to read:

AB354,66,22 767.242 (3) (c) A judge or family circuit court commissioner shall accept any legible petition for an order under this section.

AB354, s. 193 Section 193. 767.242 (5) (a) of the statutes is amended to read:

AB354,67,5 767.242 (5) (a) A judge or family circuit court commissioner shall hold a hearing on the petition no later than 30 days after the petition has been served, unless the time is extended by mutual agreement of the parties or upon the motion of a guardian ad litem and the approval of the judge or family circuit court commissioner. The judge or family circuit court commissioner may, on his or her own motion or the motion of any party, order that a guardian ad litem be appointed for the child prior to the hearing.

AB354, s. 194 Section 194. 767.242 (5) (b) (intro.) of the statutes is amended to read:

AB354,67,12 767.242 (5) (b) (intro.) If, at the conclusion of the hearing, the judge or family circuit court commissioner finds that the respondent has intentionally and unreasonably denied the petitioner one or more periods of physical placement or that the respondent has intentionally and unreasonably interfered with one or more of the petitioner's periods of physical placement, the court or family circuit court commissioner:

AB354, s. 195 Section 195. 767.242 (5) (b) 2. c. of the statutes is amended to read:

AB354,67,19 767.242 (5) (b) 2. c. Grant an injunction ordering the respondent to strictly comply with the judgment or order relating to the award of physical placement. In determining whether to issue an injunction, the judge or family circuit court commissioner shall consider whether alternative remedies requested by the petitioner would be as effective in obtaining compliance with the order or judgment relating to physical placement.

AB354, s. 196 Section 196. 767.242 (5) (c) of the statutes is amended to read:

AB354,68,3 767.242 (5) (c) If, at the conclusion of the hearing, the judge or family circuit court commissioner finds that the petitioner has incurred a financial loss or expenses as a result of the respondent's failure, intentionally and unreasonably and without adequate notice to the petitioner, to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement, the judge or family circuit court commissioner may issue an order requiring the respondent to pay to the petitioner a sum of money sufficient to compensate the petitioner for the financial loss or expenses.

AB354, s. 197 Section 197. 767.242 (5) (d) of the statutes is amended to read:

AB354,68,7 767.242 (5) (d) Except as provided in par. (b) 1. a. and 2. a., the judge or family circuit court commissioner may not modify an order of legal custody or physical placement in an action under this section.

AB354, s. 198 Section 198. 767.242 (6) (a) of the statutes is amended to read:

AB354,68,11 767.242 (6) (a) If an injunction is issued under sub. (5) (b) 2. c., upon request by the petitioner the judge or family circuit court commissioner shall order the sheriff to assist the petitioner in executing or serving the injunction.

AB354, s. 199 Section 199. 767.247 of the statutes is amended to read:

AB354,68,20 767.247 Prohibiting visitation or physical placement if a parent kills other parent. (1) Notwithstanding ss. 767.23 (1) (am), 767.24 (1), (4) and (5), 767.51 (3) and 767.62 (4) (a) and except as provided in sub. (2), in an action under this chapter that affects a minor child, a court or family circuit court commissioner may not grant to the child's parent visitation or physical placement rights with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.