2019 - 2020 LEGISLATURE
March 22, 2019 - Introduced by
Joint Legislative Council. Referred to Committee
on Family Law.
1An Act to repeal
767.41 (1m) (g) and 767.41 (1m) (n); to amend
767.405 (8) (c) 2
and 767.41 (1m) (intro.); and to create
767.405 (8) (d) and 767.41 (1m) (cm) of 3
the statutes; relating to: proposed parenting plans in certain actions affecting
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Study Committee on Child Placement and Support. Under current
law, in any action affecting the family in which legal custody or physical placement is
contested, the parties are required to attend at least one session of mediation, unless a
court finds that attending mediation will cause undue hardship or would endanger the
health or safety of one of the parties and waives the mediation requirement. If after the
initial session the mediator notifies the court that no agreement has been reached, or if
mediation has been waived, the parties must each file a parenting plan with the court
within 60 days. A parenting plan must provide certain information, including what legal
custody or physical placement the parent is seeking, where the parent lives currently and
intends to live during the next 2 years, where the parent works and the hours of
employment, who will provide necessary child care and who will pay for it, a proposed
summer and holiday placement schedule, whether and how the child may contact the
other parent, what child support, family support, maintenance, or other income transfer
there will be, and how the child's medical expenses will be paid.
The bill requires parties who are directed to participate in an initial mediation
session to submit their proposed parenting plans to family court services or the assigned
mediator at least 10 days before the initial mediation session. The parties may, but are
not required to, exchange proposed parenting plans before the initial mediation session.
Proposed parenting plans may be submitted and exchanged electronically. The bill
removes from the required parenting plan information about what child support, family
support, maintenance, or other income transfer there will be, and how the child's medical
expenses will be paid. The bill adds a requirement that proposed parenting plans must
include, with specific detail, what proposed variable costs are expected to be incurred by
or on behalf of the child. The bill maintains the separate requirement for the parties to
each file a parenting plan with the court if no agreement was reached in mediation or if
mediation was waived.
767.405 (8) (c) of the statutes is amended to read:
(c) The initial session under par. (a) shall be a screening and 3
evaluation mediation session to determine whether mediation is appropriate and 4
whether both parties wish to continue in mediation. At the initial session, the 5
mediator shall review discuss
with each of
the parties the nonfinancial provisions 6that must be information
included in the proposed
under s. 7
767.405 (8) (d) of the statutes is created to read:
(d) At least 10 days before the initial mediation session, each party 10
shall submit a proposed parenting plan containing all the information required 11
under s. 767.41 (1m) to the director of family court services for the county in which 12
the action is pending or the assigned mediator. The parties may exchange proposed 13
parenting plans before the initial mediation session. For purposes of the exchange 14
and submission under this paragraph, a party may provide a copy of the party's 15
proposed parenting plan electronically.
767.41 (1m) (intro.) of the statutes is amended to read:
767.41 (1m) Parenting plan.
(intro.) Unless the court orders otherwise, in an 2
action for annulment, divorce, or legal separation, an action to determine paternity, 3
or an action under s. 767.001 (1) (e), 767.501, or 767.805 (3), in which legal custody 4
or physical placement is contested, a party seeking sole or joint legal custody or 5
periods of physical placement shall file a proposed
parenting plan with the court if 6
the court waives the requirement to attend mediation under s. 767.405 (8) (b) or if 7
the parties attend have attended
mediation and the mediator notifies the court 8
under s. 767.405 (12) (b) that the parties have not reached an agreement. Unless the 9
court orders otherwise, the proposed
parenting plan shall be filed within 60 days 10
after the court waives the mediation requirement or the mediator notifies the court 11
that no agreement has been reached. Except for cause shown, a party required to file 12
parenting plan under this subsection who does not timely file a proposed 13
parenting plan waives the right to object to the other party's parenting plan. A 14proposed
parenting plan shall provide information about the following questions:
767.41 (1m) (cm) of the statutes is created to read:
(cm) With specific detail, what proposed variable costs are 17
expected to be incurred by or on behalf of the child.
767.41 (1m) (g) of the statutes is repealed.
767.41 (1m) (n) of the statutes is repealed.
This act first applies to actions filed on the effective date of this subsection.