AB380, s. 135
13Section
135. 767.045 (1) (c) (intro.) of the statutes is amended to read:
AB380,52,2014
767.045
(1) (c) (intro.) The attorney responsible for support enforcement under
15s. 59.53 (6) (a) may request that the court or
family
a circuit court commissioner
16appoint a guardian ad litem to bring an action or motion on behalf of a minor who
17is a nonmarital child whose paternity has not been acknowledged under s. 767.62 (1)
18or a substantially similar law of another state or adjudicated for the purpose of
19determining the paternity of the child, and the court or
family circuit court
20commissioner shall appoint a guardian ad litem, if any of the following applies:
AB380, s. 136
21Section
136. 767.081 (title) of the statutes is amended to read:
AB380,52,22
22767.081 (title)
Information from the office of family court commissioner.
AB380, s. 137
23Section
137. 767.081 (1) of the statutes is amended to read:
AB380,53,224
767.081
(1) Upon the filing of an action affecting the family, the
office of family
25court commissioner shall inform the parties of any services, including referral
1services, offered by the
office of family court commissioner and by the director of
2family court counseling services under s. 767.11.
AB380, s. 138
3Section
138. 767.081 (2) (a) (intro.) of the statutes is amended to read:
AB380,53,64
767.081
(2) (a) (intro.)
The family
A circuit court commissioner shall, with or
5without charge, provide the party with written information on the following, as
6appropriate to the action commenced:
AB380, s. 139
7Section
139. 767.081 (2) (b) of the statutes is amended to read:
AB380,53,108
767.081
(2) (b)
The family A circuit court commissioner shall provide a party,
9for inspection or purchase, with a copy of the statutory provisions in this chapter
10generally pertinent to the action.
AB380, s. 140
11Section
140. 767.083 (2) of the statutes is amended to read:
AB380,53,1612
767.083
(2) An order by the court, after consideration of the recommendation
13of
the family a circuit court commissioner, directing an immediate hearing on the
14petition for the protection of the health or safety of either of the parties or of any child
15of the marriage or for other emergency reasons consistent with the policies of this
16chapter. The court shall upon granting such order specify the grounds therefor.
AB380, s. 141
17Section
141. 767.085 (1) (i) of the statutes is amended to read:
AB380,53,2418
767.085
(1) (i) If the action is one under s. 767.02 (1) (a), (b), (c), (d), (h) or (i),
19that during the pendency of the action, without the consent of the other party or an
20order of the court or
family a circuit court commissioner, the parties are prohibited
21from, and may be held in contempt of court for, encumbering, concealing, damaging,
22destroying, transferring or otherwise disposing of property owned by either or both
23of the parties, except in the usual course of business, in order to secure necessities
24or in order to pay reasonable costs and expenses of the action, including attorney fees.
AB380, s. 142
25Section
142. 767.085 (1) (j) (intro.) of the statutes is amended to read:
AB380,54,4
1767.085
(1) (j) (intro.) Unless the action is one under s. 767.02 (1) (g) or (h), that
2during the pendency of the action, the parties are prohibited from, and may be held
3in contempt of court for, doing any of the following without the consent of the other
4party or an order of the court or
family a circuit court commissioner:
AB380, s. 143
5Section
143. 767.085 (3) of the statutes is amended to read:
AB380,54,126
767.085
(3) Service. If only one party initiates the action, the other shall be
7served under ch. 801 and may serve a response or counterclaim within 20 days after
8the date of service, except that questions of jurisdiction may be raised at any time
9prior to judgment. Service shall be made upon the petitioner and upon the
family 10circuit court commissioner as provided in s. 767.14, and the original copy of the
11response shall be filed in court. If the parties together initiate the action with a joint
12petition, service of summons is not required.
AB380, s. 144
13Section
144. 767.087 (1) (b) of the statutes is amended to read:
AB380,54,1914
767.087
(1) (b) If the action is one under s. 767.02 (1) (a), (b), (c), (d), (h) or (i),
15encumbering, concealing, damaging, destroying, transferring or otherwise disposing
16of property owned by either or both of the parties, without the consent of the other
17party or an order of the court or
family a circuit court commissioner, except in the
18usual course of business, in order to secure necessities or in order to pay reasonable
19costs and expenses of the action, including attorney fees.
AB380, s. 145
20Section
145. 767.087 (1) (c) of the statutes is amended to read:
AB380,55,221
767.087
(1) (c) Unless the action is one under s. 767.02 (1) (g) or (h), without
22the consent of the other party or an order of the court or
family a circuit court
23commissioner, establishing a residence with a minor child of the parties outside the
24state or more than 150 miles from the residence of the other party within the state,
1removing a minor child of the parties from the state for more than 90 consecutive
2days or concealing a minor child of the parties from the other party.
AB380, s. 146
3Section
146. 767.087 (2) of the statutes is amended to read:
AB380,55,64
767.087
(2) The prohibitions under sub. (1) shall apply until the action is
5dismissed, until a final judgment in the action is entered or until the court or
family 6a circuit court commissioner orders otherwise.
AB380, s. 147
7Section
147. 767.11 (1) (c) of the statutes is amended to read:
AB380,55,98
767.11
(1) (c) A county or counties may designate
a the supervisor of the office
9of family court commissioner as the director under par. (a) or (b).
AB380, s. 148
10Section
148. 767.11 (5) (a) of the statutes is amended to read:
AB380,55,1911
767.11
(5) (a) In any action affecting the family, including a revision of
12judgment or order under s. 767.32 or 767.325, in which it appears that legal custody
13or physical placement is contested, the court or
family circuit court commissioner
14shall refer the parties to the director of family court counseling services for possible
15mediation of those contested issues. The court or
the family circuit court
16commissioner shall inform the parties that the confidentiality of communications in
17mediation is waived if the parties stipulate under sub. (14) (c) that the person who
18provided mediation to the parties may also conduct the legal custody or physical
19placement study under sub. (14).
AB380, s. 149
20Section
149. 767.11 (5) (b) of the statutes is amended to read:
AB380,55,2521
767.11
(5) (b) If both parties to any action affecting the family wish to have joint
22legal custody of a child, either party may request
that the court or
family circuit court
23commissioner
to refer the parties to the director of family court counseling services
24for assistance in resolving any problem relating to joint legal custody and physical
25placement of the child. Upon request, the court shall so refer the parties.
AB380, s. 150
1Section
150. 767.11 (5) (c) of the statutes is amended to read:
AB380,56,72
767.11
(5) (c) A person who is awarded periods of physical placement, a child
3of such a person, a person with visitation rights or a person with physical custody of
4a child may notify
the family a circuit court commissioner of any problem he or she
5has relating to any of these matters. Upon notification, the
family circuit court
6commissioner may refer any person involved in the matter to the director of family
7court counseling services for assistance in resolving the problem.
AB380, s. 151
8Section
151. 767.11 (6) of the statutes is amended to read:
AB380,56,169
767.11
(6) Action upon referral. Whenever a court or
family circuit court
10commissioner refers a party to the director of family court counseling services for
11possible mediation, the director shall assign a mediator to the case. The mediator
12shall provide mediation if he or she determines it is appropriate. If the mediator
13determines mediation is not appropriate, he or she shall so notify the court.
14Whenever a court or
family circuit court commissioner refers a party to the director
15of family court counseling services for any other family court counseling service, the
16director shall take appropriate action to provide the service.
AB380, s. 152
17Section
152. 767.11 (7) of the statutes is amended to read:
AB380,56,2318
767.11
(7) Private mediator. The parties to any action affecting the family may,
19at their own expense, receive mediation services from a mediator other than one who
20provides services under sub. (3). Parties who receive services from such a mediator
21shall sign and file with the director of family court counseling services and with the
22court or
family circuit court commissioner a written notice stating the mediator's
23name and the date of the first meeting with the mediator.
AB380, s. 153
24Section
153. 767.11 (13) of the statutes is amended to read:
AB380,57,4
1767.11
(13) Powers of court or
family circuit court commissioner. Except as
2provided in sub. (8), referring parties to mediation under this section does not affect
3the power of the court or
family a circuit court commissioner to make any necessary
4order relating to the parties during the course of the mediation.
AB380, s. 154
5Section
154. 767.115 (1) (a) of the statutes is amended to read:
AB380,57,116
767.115
(1) (a) At any time during the pendency of an action affecting the
7family in which a minor child is involved and in which the court or
family circuit court
8commissioner determines that it is appropriate and in the best interest of the child,
9the court or
family circuit court commissioner, on its own motion, may order the
10parties to attend a program specified by the court or
family circuit court
11commissioner concerning the effects on a child of a dissolution of the marriage.
AB380, s. 155
12Section
155. 767.115 (1) (b) of the statutes is amended to read:
AB380,57,1913
767.115
(1) (b) At any time during the pendency of an action to determine the
14paternity of a child, or an action affecting the family for which the underlying action
15was an action to determine the paternity of a child, if the court or
family circuit court
16commissioner determines that it is appropriate and in the best interest of the child,
17the court or
family circuit court commissioner, on its own motion, may order either
18or both of the parties to attend a program specified by the court or
family circuit court
19commissioner providing training in parenting or coparenting skills, or both.
AB380, s. 156
20Section
156. 767.115 (1m) of the statutes is amended to read:
AB380,58,221
767.115
(1m) A program under sub. (1) shall be educational rather than
22therapeutic in nature and may not exceed a total of 4 hours in length. The parties
23shall be responsible for the cost, if any, of attendance at the program. The court or
24family circuit court commissioner may specifically assign responsibility for payment
1of any cost. No facts or information obtained in the course of the program, and no
2report resulting from the program, is admissible in any action or proceeding.
AB380, s. 157
3Section
157. 767.115 (2) of the statutes is amended to read:
AB380,58,74
767.115
(2) Notwithstanding s. 767.07, the court or
family circuit court
5commissioner may require the parties to attend a program under sub. (1) as a
6condition to the granting of a final judgment or order in the action affecting the
7family that is pending before the court or
family
circuit court commissioner.
AB380, s. 158
8Section
158. 767.12 (1) of the statutes is amended to read:
AB380,58,139
767.12
(1) Proceedings. In actions affecting the family, all hearings and trials
10to determine whether judgment shall be granted, except hearings under s.
767.13 (5)
11757.69 (1) (p) 3., shall be before the court. The testimony shall be taken by the
12reporter and shall be written out and filed with the record if so ordered by the court.
13Custody proceedings shall receive priority in being set for hearing.
AB380, s. 159
14Section
159. 767.125 of the statutes is amended to read:
AB380,58,21
15767.125 Order for appearance of litigants. Unless nonresidence in the
16state is shown by competent evidence, service is by publication, or the court shall for
17other good cause otherwise order, both parties in actions affecting the family shall
18be required to appear upon the trial. An order of the court or
family a circuit court
19commissioner to that effect shall accordingly be procured by the moving party, and
20shall be served upon the nonmoving party before the trial. In the case of a joint
21petition the order is not required.
AB380, s. 160
22Section
160. 767.13 (title) of the statutes is repealed.
AB380, s. 161
23Section
161. 767.13 (1) of the statutes is renumbered 757.68 (2m) (a) and
24amended to read:
AB380,59,7
1757.68
(2m) (a)
Counties other than Milwaukee. 1. `Appointment.' In each
2county, except in a county having a population of 500,000 or more,
the circuit judges
3for the county, subject to the approval of the chief judge of the judicial administrative
4district
, shall, by order filed in the office of the clerk of the circuit court on or before
5the first Monday of July of each year, appoint
some reputable attorney of recognized
6ability and standing at the bar as the a circuit court commissioner to supervise the
7office of family court commissioner for the county.
AB380,59,248
2. `Powers; civil service; oath; temporary appointment; assistants.' The
family
9court commissioner, by virtue of the office and to the extent required for the
10performance of the duties, has the powers of a court commissioner. The circuit court
11commissioner appointed to supervise the office of family court commissioner is in
12addition to the maximum number of
circuit court commissioners permitted by s.
13757.68
(1). The
circuit court commissioner supervising the office of
the family court
14commissioner, or any
assistant circuit court commissioner
assisting in family
15matters, may be placed under a county civil service system by resolution of the county
16board.
Before entering upon the discharge of the duties the family court
17commissioner shall take and file the official oath. The person appointed shall
18continue to act until a successor is appointed and qualified, except that in the event
19of disability or extended absence the judges may appoint another reputable attorney
20to act as temporary family court commissioner. The county board may provide that
21one or more assistant family court commissioners shall be appointed by the circuit
22judges for the county, subject to the approval of the chief judge of the judicial
23administrative district. An assistant family court commissioner shall have the same
24qualifications as the commissioner and shall take and file the official oath.
AB380, s. 162
25Section
162. 767.13 (2) (title) of the statutes is repealed.
AB380, s. 163
1Section
163. 767.13 (2) (a) of the statutes is renumbered 757.68 (2m) (b) and
2amended to read:
AB380,60,103
757.68
(2m) (b)
Appointment; assistants; civil service Milwaukee County. In
4counties having a population of 500,000 or more, there is created in the classified civil
5service
a circuit court commissioner position to supervise the office of family court
6commissioner and such additional
assistant family
circuit court
commissioners 7commissioner positions as the county board shall determine and authorize
, who.
8Circuit court commissioners shall be appointed
from the membership of the bar
9residing in the county to these positions by the chief judge of the judicial
10administrative district under
ss. 63.01 to 63.17
SCR 75.02 (1).
AB380, s. 164
11Section
164. 767.13 (2) (b), (3) and (4) of the statutes are repealed.
AB380, s. 165
12Section
165. 767.13 (5) (title) and (a) (title) of the statutes are repealed.
AB380, s. 166
13Section
166. 767.13 (5) (a) of the statutes is renumbered 757.69 (1) (p) and
14amended to read:
AB380,60,1715
757.69
(1) (p)
On authority delegated by a judge, which may be by a standard
16order, and with the approval of the chief judge of the judicial administrative district,
17a family When assigned to assist in matters affecting the family:
AB380,61,3
181. A circuit court commissioner may preside at any hearing held to determine
19whether a judgment of divorce shall be granted, if both parties state that the
20marriage is irretrievably broken and that all material issues, including but not
21limited to division of property or estate, legal custody, physical placement, child
22support, spousal maintenance and family support, are resolved or if one party does
23not participate in the action for divorce.
The family
A circuit court commissioner may
24grant and enter judgment in any action over which he or she presides under this
25paragraph subdivision unless the judgment modifies an agreement between the
1parties on material issues. If the
family
circuit court commissioner does not approve
2an agreement between the parties on material issues, the action shall be certified to
3the court for trial.
AB380, s. 167
4Section
167. 767.13 (5) (b) (title) of the statutes is repealed.
AB380, s. 168
5Section
168. 767.13 (5) (b) of the statutes is renumbered 757.69 (1) (p) 2. and
6amended to read:
AB380,61,107
757.69
(1) (p) 2.
On authority delegated by a judge, which may be by a standard
8order, a family A circuit court commissioner may conduct hearings and enter
9judgments in actions for enforcement of, or revision of judgment for, maintenance,
10custody, physical placement or visitation.
AB380, s. 169
11Section
169. 767.13 (5) (c) (title) of the statutes is repealed.
AB380, s. 170
12Section
170. 767.13 (5) (c) of the statutes is renumbered 757.69 (1) (p) 3. and
13amended to read:
AB380,61,1914
757.69
(1) (p) 3. Except when
otherwise ordered by a judge, a family prohibited
15by the chief judge of the judicial administrative district, a circuit court commissioner
16may conduct hearings and enter orders and judgments in actions to establish
17paternity, in actions to establish or enforce a child support or a family support
18obligation and in actions to revise orders or judgments for child support or family
19support.
AB380, s. 171
20Section
171. 767.13 (6) of the statutes is repealed.
AB380, s. 172
21Section
172. 767.13 (7) (title) of the statutes is repealed.
AB380, s. 173
22Section
173. 767.13 (7) of the statutes is renumbered 757.69 (1) (p) 4. and
23amended to read:
AB380,62,3
1757.69
(1) (p) 4.
Each family
A circuit court commissioner shall cooperate with
2the county and the department to ensure that all dependent children receive
3reasonable and necessary child support.
AB380, s. 174
4Section
174. 767.14 of the statutes is amended to read:
AB380,62,14
5767.14 Service on office of family court commissioner and appearance
6by family circuit court commissioner. In any action affecting the family, each
7party shall, either within 20 days after making service on the opposite party of any
8petition or pleading or before filing such petition or pleading in court, serve a copy
9of the same upon the
circuit court commissioner supervising the office of family court
10commissioner of the county in which the action is begun, whether such action is
11contested or not. No judgment in any such action shall be granted unless this section
12is complied with except when otherwise ordered by the court.
Such A circuit court 13commissioner
assisting in matters affecting the family may appear in an action
14under this chapter when appropriate; and shall appear when requested by the court.
AB380, s. 175
15Section
175. 767.145 (1) of the statutes is amended to read:
AB380,62,1916
767.145
(1) After the expiration of the period specified by the statute, the court
17may in its discretion, upon petition and without notice, extend the time within which
18service shall be made upon the
circuit court commissioner supervising the office of 19family court commissioner.
AB380, s. 176
20Section
176. 767.15 (1) of the statutes is amended to read:
AB380,63,321
767.15
(1) In any action affecting the family in which either party is a recipient
22of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party
23shall, either within 20 days after making service on the opposite party of any motion
24or pleading requesting the court or
family circuit court commissioner to order, or to
25modify a previous order, relating to child support, maintenance or family support, or
1before filing the motion or pleading in court, serve a copy of the motion or pleading
2upon the county child support agency under s. 59.53 (5) of the county in which the
3action is begun.
AB380, s. 177
4Section
177. 767.16 of the statutes is amended to read:
AB380,63,14
5767.16 Family Circuit court commissioner or law partner; when
6interested; procedure. Neither a
family circuit court commissioner
assisting in
7matters affecting the family nor a partner may appear in any action affecting the
8family in any court held in the county in which the
family circuit court commissioner
9is acting, except when authorized to appear by s. 767.14. In case the
circuit court 10commissioner or a partner shall be in any way interested in such action, the
11presiding judge shall appoint some reputable attorney to perform the services
12enjoined upon
such family the circuit court commissioner
and such. The appointed 13attorney
, so appointed, shall take and file the oath and receive the compensation
14provided by law.
AB380, s. 179
16Section
179. 767.23 (1) (intro.) of the statutes is amended to read:
AB380,63,2017
767.23
(1) (intro.) Except as provided in ch. 822, in every action affecting the
18family, the court or
family circuit court commissioner may, during the pendency
19thereof, make just and reasonable temporary orders concerning the following
20matters:
AB380, s. 180
21Section
180. 767.23 (1) (a) of the statutes is amended to read:
AB380,64,222
767.23
(1) (a) Upon request of one party, granting legal custody of the minor
23children to the parties jointly, to one party solely or to a relative or agency specified
24under s. 767.24 (3). The court or
family circuit court commissioner may order joint
25legal custody without the agreement of the other party and without the findings
1required under s. 767.24 (2) (b) 2. This order may not have a binding effect on a final
2custody determination.
AB380, s. 181
3Section
181. 767.23 (1) (am) of the statutes is amended to read:
AB380,64,74
767.23
(1) (am) Upon the request of a party, granting periods of physical
5placement to a party. The court or
family circuit court commissioner shall make a
6determination under this paragraph within 30 days after the request for a temporary
7order regarding periods of physical placement is filed.
AB380, s. 182
8Section
182. 767.23 (1m) of the statutes is amended to read:
AB380,64,149
767.23
(1m) If a
family circuit court commissioner believes that a temporary
10restraining order or injunction under s. 813.12 is appropriate in an action, the
circuit 11court commissioner shall inform the parties of their right to seek the order or
12injunction and the procedure to follow. On a motion for such a restraining order or
13injunction, the
family circuit court commissioner shall submit the motion to the court
14within 5 working days.