AB354, s. 154 20Section 154. 767.11 (5) (c) of the statutes is amended to read:
AB354,57,221 767.11 (5) (c) A person who is awarded periods of physical placement, a child
22of such a person, a person with visitation rights or a person with physical custody of
23a child may notify the family a circuit court commissioner of any problem he or she
24has relating to any of these matters. Upon notification, the family circuit court

1commissioner may refer any person involved in the matter to the director of family
2court counseling services for assistance in resolving the problem.
AB354, s. 155 3Section 155. 767.11 (6) of the statutes is amended to read:
AB354,57,114 767.11 (6) Action upon referral. Whenever a court or family circuit court
5commissioner refers a party to the director of family court counseling services for
6possible mediation, the director shall assign a mediator to the case. The mediator
7shall provide mediation if he or she determines it is appropriate. If the mediator
8determines mediation is not appropriate, he or she shall so notify the court.
9Whenever a court or family circuit court commissioner refers a party to the director
10of family court counseling services for any other family court counseling service, the
11director shall take appropriate action to provide the service.
AB354, s. 156 12Section 156. 767.11 (7) of the statutes is amended to read:
AB354,57,1813 767.11 (7) Private mediator. The parties to any action affecting the family may,
14at their own expense, receive mediation services from a mediator other than one who
15provides services under sub. (3). Parties who receive services from such a mediator
16shall sign and file with the director of family court counseling services and with the
17court or family circuit court commissioner a written notice stating the mediator's
18name and the date of the first meeting with the mediator.
AB354, s. 157 19Section 157. 767.11 (13) of the statutes is amended to read:
AB354,57,2320 767.11 (13) Powers of court or family circuit court commissioner. Except as
21provided in sub. (8), referring parties to mediation under this section does not affect
22the power of the court or family a circuit court commissioner to make any necessary
23order relating to the parties during the course of the mediation.
AB354, s. 158 24Section 158. 767.115 (1) (a) of the statutes is amended to read:
AB354,58,6
1767.115 (1) (a) At any time during the pendency of an action affecting the
2family in which a minor child is involved and in which the court or family circuit court
3commissioner determines that it is appropriate and in the best interest of the child,
4the court or family circuit court commissioner, on its own motion, may order the
5parties to attend a program specified by the court or family circuit court
6commissioner concerning the effects on a child of a dissolution of the marriage.
AB354, s. 159 7Section 159. 767.115 (1) (b) of the statutes is amended to read:
AB354,58,148 767.115 (1) (b) At any time during the pendency of an action to determine the
9paternity of a child, or an action affecting the family for which the underlying action
10was an action to determine the paternity of a child, if the court or family circuit court
11commissioner determines that it is appropriate and in the best interest of the child,
12the court or family circuit court commissioner, on its own motion, may order either
13or both of the parties to attend a program specified by the court or family circuit court
14commissioner providing training in parenting or coparenting skills, or both.
AB354, s. 160 15Section 160. 767.115 (1m) of the statutes is amended to read:
AB354,58,2116 767.115 (1m) A program under sub. (1) shall be educational rather than
17therapeutic in nature and may not exceed a total of 4 hours in length. The parties
18shall be responsible for the cost, if any, of attendance at the program. The court or
19family circuit court commissioner may specifically assign responsibility for payment
20of any cost. No facts or information obtained in the course of the program, and no
21report resulting from the program, is admissible in any action or proceeding.
AB354, s. 161 22Section 161. 767.115 (2) of the statutes is amended to read:
AB354,59,223 767.115 (2) Notwithstanding s. 767.07, the court or family circuit court
24commissioner may require the parties to attend a program under sub. (1) as a

1condition to the granting of a final judgment or order in the action affecting the
2family that is pending before the court or family circuit court commissioner.
AB354, s. 162 3Section 162. 767.115 (4) (a) of the statutes is amended to read:
AB354,59,94 767.115 (4) (a) At any time during the pendency of a divorce or paternity action,
5the court or family circuit court commissioner may order the parties to attend a class
6that is approved by the court or family circuit court commissioner and that addresses
7such issues as child development, family dynamics, how parental separation affects
8a child's development and what parents can do to make raising a child in a separated
9situation less stressful for the child.
AB354, s. 163 10Section 163. 767.115 (4) (b) of the statutes is amended to read:
AB354,59,1511 767.115 (4) (b) The court or family circuit court commissioner may not require
12the parties to attend a class under this subsection as a condition to the granting of
13the final judgment or order in the divorce or paternity action, however, the court or
14family circuit court commissioner may refuse to hear a custody or physical placement
15motion of a party who refuses to attend a class ordered under this subsection.
AB354, s. 164 16Section 164. 767.115 (4) (c) 2. of the statutes is amended to read:
AB354,59,1917 767.115 (4) (c) 2. If the court or family circuit court commissioner finds that a
18party is indigent, any costs that would be the responsibility of that party shall be paid
19by the county.
AB354, s. 165 20Section 165. 767.12 (1) of the statutes is amended to read:
AB354,59,2521 767.12 (1) Proceedings. In actions affecting the family, all hearings and trials
22to determine whether judgment shall be granted, except hearings under s. 767.13 (5)
23757.69 (1) (p) 3., shall be before the court. The testimony shall be taken by the
24reporter and shall be written out and filed with the record if so ordered by the court.
25Custody proceedings shall receive priority in being set for hearing.
AB354, s. 166
1Section 166. 767.125 of the statutes is amended to read:
AB354,60,8 2767.125 Order for appearance of litigants. Unless nonresidence in the
3state is shown by competent evidence, service is by publication, or the court shall for
4other good cause otherwise order, both parties in actions affecting the family shall
5be required to appear upon the trial. An order of the court or family a circuit court
6commissioner to that effect shall accordingly be procured by the moving party, and
7shall be served upon the nonmoving party before the trial. In the case of a joint
8petition the order is not required.
AB354, s. 167 9Section 167. 767.13 (title) of the statutes is repealed.
AB354, s. 168 10Section 168. 767.13 (1) of the statutes is renumbered 757.68 (2m) (a) and
11amended to read:
AB354,60,1812 757.68 (2m) (a) Counties other than Milwaukee. 1. `Appointment.' In each
13county, except in a county having a population of 500,000 or more, the circuit judges
14for the county, subject to the approval of
the chief judge of the judicial administrative
15district, shall, by order filed in the office of the clerk of the circuit court on or before
16the first Monday of July of each year, appoint some reputable attorney of recognized
17ability and standing at the bar as the
a circuit court commissioner to supervise the
18office of
family court commissioner for the county.
AB354,61,1019 2. `Powers; civil service; oath; temporary appointment; assistants.' The family
20court commissioner, by virtue of the office and to the extent required for the
21performance of the duties, has the powers of a court commissioner. The
circuit court
22commissioner appointed to supervise the office of
family court commissioner is in
23addition to the maximum number of circuit court commissioners permitted by
24s.757.68 sub. (1). The circuit court commissioner supervising the office of the family
25court commissioner, or any assistant circuit court commissioner assisting in family

1matters
, may be placed under a county civil service system by resolution of the county
2board. Before entering upon the discharge of the duties the family court
3commissioner shall take and file the official oath. The person appointed shall
4continue to act until a successor is appointed and qualified, except that in the event
5of disability or extended absence the judges may appoint another reputable attorney
6to act as temporary family court commissioner. The county board may provide that
7one or more assistant family court commissioners shall be appointed by the circuit
8judges for the county, subject to the approval of the chief judge of the judicial
9administrative district. An assistant family court commissioner shall have the same
10qualifications as the commissioner and shall take and file the official oath.
AB354, s. 169 11Section 169. 767.13 (2) (title) of the statutes is repealed.
AB354, s. 170 12Section 170. 767.13 (2) (a) of the statutes is renumbered 757.68 (2m) (b) and
13amended to read:
AB354,61,2114 757.68 (2m) (b) Appointment; assistants; civil service Milwaukee County. In
15counties having a population of 500,000 or more, there is created in the classified civil
16service a circuit court commissioner position to supervise the office of family court
17commissioner and such additional assistant family circuit court commissioners
18commissioner positions as the county board shall determine and authorize, who.
19Circuit court commissioners
shall be appointed from the membership of the bar
20residing in the county
to these positions by the chief judge of the judicial
21administrative district under ss. 63.01 to 63.17 SCR 75.02 (1).
AB354, s. 171 22Section 171. 767.13 (2) (b), (3) and (4) of the statutes are repealed.
AB354, s. 172 23Section 172. 767.13 (5) (title) and (a) (title) of the statutes are repealed.
AB354, s. 173 24Section 173. 767.13 (5) (a) of the statutes is renumbered 757.69 (1) (p) (intro.)
25and amended to read:
AB354,62,4
1757.69 (1) (p) (intro.) On authority delegated by a judge, which may be by a
2standard order, and with the approval of the chief judge of the judicial administrative
3district, a family court commissioner may preside
When assigned to assist in matters
4affecting the family:
AB354,62,14 51. Preside at any hearing held to determine whether a judgment of divorce shall
6be granted, if both parties state that the marriage is irretrievably broken and that
7all material issues, including but not limited to division of property or estate, legal
8custody, physical placement, child support, spousal maintenance and family
9support, are resolved or if one party does not participate in the action for divorce. The
10family
A circuit court commissioner may grant and enter judgment in any action over
11which he or she presides under this paragraph subdivision unless the judgment
12modifies an agreement between the parties on material issues. If the family circuit
13court commissioner does not approve an agreement between the parties on material
14issues, the action shall be certified to the court for trial.
AB354, s. 174 15Section 174. 767.13 (5) (b) (title) of the statutes is repealed.
AB354, s. 175 16Section 175. 767.13 (5) (b) of the statutes is renumbered 757.69 (1) (p) 2. and
17amended to read:
AB354,62,2118 757.69 (1) (p) 2. On authority delegated by a judge, which may be by a standard
19order, a family court commissioner may conduct
Conduct hearings and enter
20judgments in actions for enforcement of, or revision of judgment for, maintenance,
21custody, physical placement or visitation.
AB354, s. 176 22Section 176. 767.13 (5) (c) (title) of the statutes is repealed.
AB354, s. 177 23Section 177. 767.13 (5) (c) of the statutes is renumbered 757.69 (1) (p) 3. and
24amended to read:
AB354,63,6
1757.69 (1) (p) 3. Except when otherwise ordered by a judge, a family court
2commissioner may
prohibited by the chief judge of the judicial administrative
3district,
conduct hearings and enter orders and judgments in actions to establish
4paternity, in actions to establish or enforce a child support or a family support
5obligation and in actions to revise orders or judgments for child support or family
6support.
AB354, s. 178 7Section 178. 767.13 (6) of the statutes is repealed.
AB354, s. 179 8Section 179. 767.13 (7) (title) of the statutes is repealed.
AB354, s. 180 9Section 180. 767.13 (7) of the statutes is renumbered 757.69 (2t) and amended
10to read:
AB354,63,1311 757.69 (2t) Each family A circuit court commissioner shall cooperate with the
12county and the department to ensure that all dependent children receive reasonable
13and necessary child support.
AB354, s. 181 14Section 181. 767.14 of the statutes is amended to read:
AB354,63,24 15767.14 Service on office of family court commissioner and appearance
16by
family circuit court commissioner. In any action affecting the family, each
17party shall, either within 20 days after making service on the opposite party of any
18petition or pleading or before filing such petition or pleading in court, serve a copy
19of the same upon the circuit court commissioner supervising the office of family court
20commissioner of the county in which the action is begun, whether such action is
21contested or not. No judgment in any such action shall be granted unless this section
22is complied with except when otherwise ordered by the court. Such A circuit court
23commissioner assisting in matters affecting the family may appear in an action
24under this chapter when appropriate; and shall appear when requested by the court.
AB354, s. 182 25Section 182. 767.145 (1) of the statutes is amended to read:
AB354,64,4
1767.145 (1) After the expiration of the period specified by the statute, the court
2may in its discretion, upon petition and without notice, extend the time within which
3service shall be made upon the circuit court commissioner supervising the office of
4family court commissioner.
AB354, s. 183 5Section 183. 767.15 (1) of the statutes is amended to read:
AB354,64,136 767.15 (1) In any action affecting the family in which either party is a recipient
7of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party
8shall, either within 20 days after making service on the opposite party of any motion
9or pleading requesting the court or family circuit court commissioner to order, or to
10modify a previous order, relating to child support, maintenance or family support, or
11before filing the motion or pleading in court, serve a copy of the motion or pleading
12upon the county child support agency under s. 59.53 (5) of the county in which the
13action is begun.
AB354, s. 184 14Section 184. 767.16 of the statutes is amended to read:
AB354,64,24 15767.16 Family Circuit court commissioner or law partner; when
16interested; procedure.
Neither a family circuit court commissioner assisting in
17matters affecting the family
nor a partner may appear in any action affecting the
18family in any court held in the county in which the family circuit court commissioner
19is acting, except when authorized to appear by s. 767.14. In case the circuit court
20commissioner or a partner shall be in any way interested in such action, the
21presiding judge shall appoint some reputable attorney to perform the services
22enjoined upon such family the circuit court commissioner and such. The appointed
23attorney, so appointed, shall take and file the oath and receive the compensation
24provided by law.
AB354, s. 185 25Section 185. 767.17 of the statutes is repealed.
AB354, s. 186
1Section 186. 767.23 (1) (intro.) of the statutes is amended to read:
AB354,65,52 767.23 (1) (intro.) Except as provided in ch. 822, in every action affecting the
3family, the court or family circuit court commissioner may, during the pendency
4thereof, make just and reasonable temporary orders concerning the following
5matters:
AB354, s. 187 6Section 187. 767.23 (1) (a) of the statutes is amended to read:
AB354,65,127 767.23 (1) (a) Upon request of one party, granting legal custody of the minor
8children to the parties jointly, to one party solely or to a relative or agency specified
9under s. 767.24 (3), in a manner consistent with s. 767.24, except that the court or
10family circuit court commissioner may order sole legal custody without the
11agreement of the other party and without the findings required under s. 767.24 (2)
12(b) 2. This order may not have a binding effect on a final custody determination.
AB354, s. 188 13Section 188. 767.23 (1) (am) of the statutes is amended to read:
AB354,65,1814 767.23 (1) (am) Upon the request of a party, granting periods of physical
15placement to a party in a manner consistent with s. 767.24. The court or family
16circuit court commissioner shall make a determination under this paragraph within
1730 days after the request for a temporary order regarding periods of physical
18placement is filed.
AB354, s. 189 19Section 189. 767.23 (1m) of the statutes is amended to read:
AB354,65,2520 767.23 (1m) If a family circuit court commissioner believes that a temporary
21restraining order or injunction under s. 813.12 is appropriate in an action, the circuit
22court commissioner shall inform the parties of their right to seek the order or
23injunction and the procedure to follow. On a motion for such a restraining order or
24injunction, the family circuit court commissioner shall submit the motion to the court
25within 5 working days.
AB354, s. 190
1Section 190. 767.23 (1n) of the statutes is amended to read:
AB354,66,142 767.23 (1n) Before making any temporary order under sub. (1), the court or
3family circuit court commissioner shall consider those factors that the court is
4required by this chapter to consider before entering a final judgment on the same
5subject matter. In making a determination under sub. (1) (a) or (am), the court or
6family circuit court commissioner shall consider the factors under s. 767.24 (5). If
7the court or family circuit court commissioner makes a temporary child support order
8that deviates from the amount of support that would be required by using the
9percentage standard established by the department under s. 49.22 (9), the court or
10family circuit court commissioner shall comply with the requirements of s. 767.25
11(1n). A temporary order under sub. (1) may be based upon the written stipulation
12of the parties, subject to the approval of the court or the family circuit court
13commissioner. Temporary orders made by the family a circuit court commissioner
14may be reviewed by the court as provided in s. 767.13 (6).
AB354, s. 191 15Section 191. 767.242 (3) (b) of the statutes is amended to read:
AB354,66,1916 767.242 (3) (b) The petition shall request the imposition of a remedy or any
17combination of remedies under sub. (5) (b) and (c). This paragraph does not prohibit
18a judge or family circuit court commissioner from imposing a remedy under sub. (5)
19(b) or (c) if the remedy was not requested in the petition.
AB354, s. 192 20Section 192. 767.242 (3) (c) of the statutes is amended to read:
AB354,66,2221 767.242 (3) (c) A judge or family circuit court commissioner shall accept any
22legible petition for an order under this section.
AB354, s. 193 23Section 193. 767.242 (5) (a) of the statutes is amended to read:
AB354,67,524 767.242 (5) (a) A judge or family circuit court commissioner shall hold a hearing
25on the petition no later than 30 days after the petition has been served, unless the

1time is extended by mutual agreement of the parties or upon the motion of a guardian
2ad litem and the approval of the judge or family circuit court commissioner. The
3judge or family circuit court commissioner may, on his or her own motion or the
4motion of any party, order that a guardian ad litem be appointed for the child prior
5to the hearing.
AB354, s. 194 6Section 194. 767.242 (5) (b) (intro.) of the statutes is amended to read:
AB354,67,127 767.242 (5) (b) (intro.) If, at the conclusion of the hearing, the judge or family
8circuit court commissioner finds that the respondent has intentionally and
9unreasonably denied the petitioner one or more periods of physical placement or that
10the respondent has intentionally and unreasonably interfered with one or more of
11the petitioner's periods of physical placement, the court or family circuit court
12commissioner:
AB354, s. 195 13Section 195. 767.242 (5) (b) 2. c. of the statutes is amended to read:
AB354,67,1914 767.242 (5) (b) 2. c. Grant an injunction ordering the respondent to strictly
15comply with the judgment or order relating to the award of physical placement. In
16determining whether to issue an injunction, the judge or family circuit court
17commissioner shall consider whether alternative remedies requested by the
18petitioner would be as effective in obtaining compliance with the order or judgment
19relating to physical placement.
AB354, s. 196 20Section 196. 767.242 (5) (c) of the statutes is amended to read:
AB354,68,321 767.242 (5) (c) If, at the conclusion of the hearing, the judge or family circuit
22court commissioner finds that the petitioner has incurred a financial loss or expenses
23as a result of the respondent's failure, intentionally and unreasonably and without
24adequate notice to the petitioner, to exercise one or more periods of physical
25placement under an order allocating specific times for the exercise of periods of

1physical placement, the judge or family circuit court commissioner may issue an
2order requiring the respondent to pay to the petitioner a sum of money sufficient to
3compensate the petitioner for the financial loss or expenses.
AB354, s. 197 4Section 197. 767.242 (5) (d) of the statutes is amended to read:
AB354,68,75 767.242 (5) (d) Except as provided in par. (b) 1. a. and 2. a., the judge or family
6circuit court commissioner may not modify an order of legal custody or physical
7placement in an action under this section.
AB354, s. 198 8Section 198. 767.242 (6) (a) of the statutes is amended to read:
AB354,68,119 767.242 (6) (a) If an injunction is issued under sub. (5) (b) 2. c., upon request
10by the petitioner the judge or family circuit court commissioner shall order the sheriff
11to assist the petitioner in executing or serving the injunction.
AB354, s. 199 12Section 199. 767.247 of the statutes is amended to read:
AB354,68,20 13767.247 Prohibiting visitation or physical placement if a parent kills
14other parent.
(1) Notwithstanding ss. 767.23 (1) (am), 767.24 (1), (4) and (5),
15767.51 (3) and 767.62 (4) (a) and except as provided in sub. (2), in an action under this
16chapter that affects a minor child, a court or family circuit court commissioner may
17not grant to the child's parent visitation or physical placement rights with the child
18if the parent has been convicted under s. 940.01 of the first-degree intentional
19homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's
20other parent, and the conviction has not been reversed, set aside or vacated.
AB354,68,25 21(2) Subsection (1) does not apply if the court or family circuit court
22commissioner determines by clear and convincing evidence that the visitation or
23periods of physical placement would be in the best interests of the child. The court
24or family circuit court commissioner shall consider the wishes of the child in making
25the determination.
AB354, s. 200
1Section 200. 767.25 (4m) (f) 2. of the statutes is amended to read:
AB354,69,112 767.25 (4m) (f) 2. The notice provided to the parent shall inform the parent that
3coverage for the child under the new employer's health benefit plan will be in effect
4upon the employer's receipt of the notice. The notice shall inform the parent that he
5or she may, within 10 business days after receiving the notice, by motion request a
6hearing before the court on the issue of whether the order to provide coverage of the
7child's health care expenses should remain in effect. A motion under this subdivision
8may be heard by a family circuit court commissioner. If the parent requests a hearing
9and the court or family circuit court commissioner determines that the order to
10provide coverage of the child's health care expenses should not remain in effect, the
11court shall provide notice to the employer that the order is no longer in effect.
AB354, s. 201 12Section 201. 767.265 (1) of the statutes is amended to read:
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