SB420: Bill Text

SB420,7,11 (b) The parent has had one or more periods of physical placement substantially interfered with by the other parent.

SB420,7,15 (c) The parent has incurred a financial loss or expenses as a result of the other parent's intentional failure to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement.

SB420,7,19 (2) Service on respondent; response. Upon the filing of a petition under sub. (4), the petitioner shall serve upon the respondent a copy of the petition. The respondent may respond to the petition either in writing before or at the hearing under sub. (3) (a) or orally at that hearing.

SB420,8,2 (3) Hearing; remedies. (a) A judge or family court commissioner shall hold a hearing on the petition no later than 30 days after the petition has been served. The judge or family 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.

SB420,8,4 (b) At the conclusion of the hearing, the judge or family court commissioner may do any of the following:

SB420,8,9 1. If the judge or family 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, issue either of the following:

SB420,8,11 a. An order granting additional periods of physical placement to replace those denied or interfered with.

SB420,8,14 b. If the underlying order or judgment relating to periods of physical placement does not provide for specific times for the exercise of periods of physical placement, an order specifying the times for the exercise of periods of physical placement.

SB420,8,24 2. If the judge or family court commissioner finds that the respondent has intentionally, unreasonably and repeatedly or intentionally, unreasonably and egregiously denied the petitioner periods of physical placement or interfered with the petitioner's periods of physical placement, find the respondent in contempt of court under ch. 785 or 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 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.

SB420,9,7 3. If the judge or family court commissioner finds that the respondent has intentionally and unreasonably failed to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement without adequate notice to the petitioner which results in the incurrence by the petitioner of a financial loss or expenses, issue an order requiring the payment of a sum of money sufficient to compensate the petitioner for the financial loss or expenses.

SB420,9,10 (c) Except as provided in par. (b) 1. a. and b., the judge or family court commissioner may not modify an order of legal custody or physical placement in an action under this section.

SB420,9,13 (d) The judge or family court commissioner may order the respondent to pay a reasonable amount for the cost to the petitioner of maintaining an action under this section and for the petitioner's attorney fees.

SB420,9,15 (e) An injunction issued under par. (b) 2. is effective according to its terms, for the period of time that the petitioner requests, but not more than 2 years.

SB420,9,16 (4) Petition. (a) The petition shall allege facts sufficient to show the following:

SB420,9,18 1. The name of the petitioner and that the petitioner has been awarded periods of physical placement.

SB420,9,19 2. The name of the respondent.

SB420,9,20 3. That the criteria in sub. (1) apply.

SB420,9,24 (b) The petition shall request the imposition of a remedy or any combination of remedies under sub. (3) (b). This paragraph does not prohibit a judge or family court commissioner from imposing a remedy under sub. (3) (b) if the remedy was not requested in the petition.

SB420,10,2 (c) A judge or family court commissioner shall accept any legible petition for an order under this section.

SB420,10,4 (d) The petition shall be filed under the principal action under which the periods of physical placement were awarded.

SB420,10,6 (e) A petition under this section is a motion for remedial sanction for purposes of s. 785.03 (1) (a).

SB420,10,9 (5) Enforcement assistance. (a) If an injunction is issued under sub. (3) (b) 2., upon request by the petitioner the judge or family court commissioner shall order the sheriff to assist the petitioner to execute or serve the injunction.

SB420,10,15 (b) Within 24 hours after request by the petitioner, the clerk of the circuit court shall send a copy of an injunction issued under sub. (3) (b) 2. to the sheriff or to any other local law enforcement agency which is the central repository for orders and which has jurisdiction over the respondent's residence. If the respondent does not reside in this state, the clerk shall send a copy of the injunction to the sheriff of the county in which the circuit court is located.

SB420,10,20 (c) The sheriff or other appropriate local law enforcement agency under par. (b) shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any injunction issued under sub. (3) (b) 2. The information need not be maintained after the injunction is no longer in effect.

SB420,10,22 (6) Arrest. A law enforcement officer may arrest and take a person into custody if all of the following occur:

SB420,11,2 (a) A petitioner under this section presents the law enforcement officer with a copy of an injunction issued under sub. (3) (b) 2. or the law enforcement officer determines that such an injunction exists through communication with appropriate authorities.

SB420,11,4 (b) The law enforcement officer has probable cause to believe that the person has violated the injunction issued under sub. (3) (b) 2.

SB420,11,6 (7) Penalty. Whoever intentionally violates an injunction issued under sub. (3) (b) 2. may be prosecuted under s. 948.31 (2m).

Note: Establishes a procedure for the enforcement of physical placement orders.

SB420, s. 8 Section 8 . 767.25 (1m) (em) of the statutes is amended to read:

SB420,11,10 767.25 (1m) (em) Extraordinary travel expenses incurred in exercising the right to periods of physical placement under s. 767.24, including additional transportation expenses incurred as a result of a disposition under s. 767.327.

Note: Modifies a factor under current law which the court may consider in deviating from the child support percentage standard to include additional transportation expenses incurred as a result of a disposition of an action relating to moving the child's residence within or outside the state.

SB420, s. 9 Section 9. 767.32 (2) of the statutes is amended to read:

SB420,11,15 767.32 (2) Except as provided in sub. (2m) or (2r) or s. 767.327 (3) (d), if the court revises a judgment or order with respect to child support payments, it shall do so by using the percentage standard established by the department of health and social services under s. 46.25 (9).

SB420, s. 10 Section 10. 767.325 (2m) of the statutes is created to read:

SB420,12,2 767.325 (2m) Modification of periods of physical placement for failure to exercise physical placement. Notwithstanding subs. (1) and (2), upon petition, motion or order to show cause by a party, a court may modify an order of physical placement at any time with respect to periods of physical placement if it finds that a parent has repeatedly and unreasonably failed to exercise periods of physical placement awarded under an order of physical placement which allocates specific times for the exercise of periods of physical placement without giving reasonable advance notice to the other parent.

Note: Authorizes a court to modify an order of periods of physical placement if it finds that a parent has repeatedly and unreasonably failed to exercise periods of physical placement awarded under an order of physical placement which allocates specific times for the exercise of periods of physical placement without giving reasonable advance notice to the other parent.

SB420, s. 11 Section 11 . 767.327 (1) (a) 1. of the statutes is amended to read:

SB420,12,6 767.327 (1) (a) 1. Establish his or her legal residence with the child at any location outside the state and remove the child from this state for a period of time exceeding 90 consecutive days.

SB420, s. 12 Section 12. 767.327 (1) (a) 2. of the statutes is amended to read:

SB420,12,10 767.327 (1) (a) 2. Establish his or her legal residence and remove with the child, at any location within this state, that is at a distance of 150 miles or more from the other parent.

SB420, s. 13 Section 13. 767.327 (1) (a) 3. of the statutes is created to read:

SB420,12,13 767.327 (1) (a) 3. Remove the child from this state for more than 90 consecutive days.

SB420, s. 14 Section 14. 767.327 (1) (b) of the statutes is amended to read:

SB420,12,19 767.327 (1) (b) The parent shall send the notice under par. (a) by certified mail. The notice shall state the parent's proposed action, including the specific date and location of the move or specific beginning and ending dates and location of the removal, and that the other parent may object within the time specified in sub. (2) (a).

SB420, s. 15 Section 15. 767.327 (2) (title) of the statutes is amended to read:

SB420,12,21 767.327 (2) (title) Objection to move; prohibition; mediation.

SB420, s. 16 Section 16. 767.327 (2) of the statutes is renumbered 767.327 (2) (a) and amended to read:

SB420,13,5 767.327 (2) (a) Within 15 days after receiving the notice under sub. (1), the other parent may send to the parent proposing the move or removal, with a copy to the court, a written notice of objection to the proposed action. The

SB420,13,11 (c) Upon receipt of a copy of a notice of objection under par. (a), the court or family court commissioner shall promptly refer the parents for mediation or other family court counseling services under s. 767.11 and may appoint a guardian ad litem. Unless the parents agree to extend the time period, if mediation or counseling services do not resolve the dispute within 30 days after referral, the matter shall proceed under subs. (3) to (5).

SB420, s. 17 Section 17. 767.327 (2) (b) of the statutes is created to read:

SB420,13,17 767.327 (2) (b) If the parent who is proposing the move or removal receives a notice of objection under par. (a) within 20 days after sending a notice under sub. (1) (a), the parent may not move with or remove the child pending resolution of the dispute, or final order of the court under sub. (3), unless the parent obtains a temporary order to do so under s. 767.23 (1) (bm).

SB420, s. 18 Section 18. 767.327 (3) (title) of the statutes is amended to read:

SB420,13,20 767.327 (3) (title) Standards for modification or prohibition if move or removal contested.

SB420, s. 19 Section 19. 767.327 (3) (a) 1. (intro.) of the statutes is amended to read:

SB420,14,3 767.327 (3) (a) 1. (intro.) Except as provided under par. (b), if the parent proposing the move or removal has sole legal or joint legal custody of the child and the child resides with that parent for the greater period of time, the parent objecting to the move or removal may file a petition, motion or order to show cause for modification of the legal custody or physical placement order affecting the child. The court may modify the legal custody or physical placement order if, after considering the factors under sub. (5), the court finds all of the following:

SB420, s. 20 Section 20. 767.327 (3) (a) 1. b. of the statutes is amended to read:

SB420,14,7 767.327 (3) (a) 1. b. The move or removal will result in a substantial change of circumstances since the entry of the last order affecting legal custody or the last order substantially affecting physical placement.

SB420, s. 21 Section 21. 767.327 (3) (a) 2. a. of the statutes is amended to read:

SB420,14,14 767.327 (3) (a) 2. a. There is a rebuttable presumption that continuing the current allocation of decision making under a legal custody order or continuing the child's physical placement with the parent with whom the child resides for the greater period of time is in the best interest of the child. This presumption may be overcome by a showing that the move or removal is unreasonable and not in the best interest of the child.

SB420, s. 22 Section 22. 767.327 (3) (a) 3. of the statutes is amended to read:

SB420,14,17 767.327 (3) (a) 3. Under this paragraph, the burden of proof is on the parent objecting to the move or removal.

SB420, s. 23 Section 23 . 767.327 (3) (b) 1. (intro.) of the statutes is amended to read:

SB420,14,24 767.327 (3) (b) 1. (intro.) If the parents have joint legal custody and have substantially equal periods of physical placement with a the child, either parent may file a petition, motion or order to show cause for modification of the legal custody or physical placement order. The court may modify an order of legal custody or physical placement if, after considering the factors under sub. (5), the court finds all of the following:

SB420, s. 24 Section 24 . 767.327 (3) (c) of the statutes is created to read:

SB420,15,8 767.327 (3) (c) 1. If the parent proposing the move or removal has sole legal or joint legal custody of the child and the child resides with that parent for the greater period of time or the parents have substantially equal periods of physical placement with the child, as an alternative to the petition, motion or order to show cause under par. (a) or (b), the parent objecting to the move or removal may file a petition, motion or order to show cause for an order prohibiting the move or removal. The court may prohibit the move or removal if, after considering the factors under sub. (5), the court finds that the prohibition is in the best interest of the child.

SB420,15,10 2. Under this paragraph, the burden of proof is on the parent objecting to the move or removal.

Note: Authorizes a court to prohibit a parent from moving with or removing a child, if the court finds that the prohibition is in the best interest of the child.

SB420, s. 25 Section 25. 767.327 (3) (d) of the statutes is created to read:

SB420,15,19 767.327 (3) (d) When making a disposition on a petition, motion or order to show cause under par. (a), (b) or (c), the court shall allocate responsibility for the payment of transportation costs for the exercise of physical placement. The court may, on its own motion or on request of a party, make a finding that its disposition under par. (a), (b) or (c) will result in extraordinary travel expenses incurred in exercising periods of physical placement under s. 767.24 which may serve as a basis for adjusting a child support order entered under s. 767.25. If the court so finds, it may modify the amount of child support in accordance with s. 767.25 (1m) and (1n).

Note: Requires a court to allocate responsibility for the payment of transportation costs for exercising physical placement when disposing of a petition, motion or order to show cause relating to moving with or removing a child and authorizes the court to adjust the child support award if the court finds that the disposition of the case will result in extraordinary travel expenses.

SB420, s. 26 Section 26. 814.615 (1) (a) 3. of the statutes is amended to read:

SB420,15,21 814.615 (1) (a) 3. For a study under s. 767.11 (14), a fee of $300 $600.

Note: Increases the statutory fee for a custody study from $300 to $600.

SB420, s. 27 Section 27. 948.31 (2m) of the statutes is created to read:

SB420,16,3 948.31 (2m) (a) Except as provided in par. (b), whoever intentionally violates an injunction issued under s. 767.248 (3) (b) 2. is guilty of a Class B misdemeanor.

SB420,16,6 (b) Whoever intentionally violates an injunction issued under s. 767.248 (3) (b) 2. is guilty of a Class E felony if he or she has a prior conviction for intentionally violating an injunction issued under s. 767.248 (3) (b) 2.

Note: Establishes criminal penalties for violating an injunction issued in an action to enforce an order of physical placement. It provides that the first violation of such an injunction constitutes a Class B misdemeanor, and 2nd or subsequent violations constitute a Class E felony if the person has a prior conviction for intentionally violating an injunction.

SB420, s. 28 Section 28. Initial applicability.

SB420,16,13 (1) The treatment of sections 767.02 (1) (k), 767.23 (1) (bm), 767.25 (1m) (em), 767.32 (2) and 767.327 (1) (a) 1., 2. and 3. and (b), (2) (title) and (3) (title), (a) 1. (intro.) and b., 2. a. and 3., (b) 1. (intro.), (c) and (d) of the statutes, the renumbering of section 767.327 (2) of the statutes and the creation of section 767.327 (2) (b) of the statutes first apply to notices to move with or remove a child under section 767.327 (1) (a) of the statutes that are sent on the effective date of this subsection.

Note: Makes the provisions of the bill relating to moving with, or removing, a child after divorce first applicable to notices to move with or remove a child that are sent on the effective date of the bill.

SB420,16,14 (End)