AB651: Bill Text

AB651,3,15 (c) 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 court commissioner. Temporary orders made by the family court commissioner may be reviewed by the court as provided in s. 767.13 (6).

AB651, s. 2 Section 2. 767.23 (1n) (b) 2. of the statutes is created to read:

AB651,4,2 767.23 (1n) (b) 2. If the court or family court commissioner finds by a preponderance of the evidence that a party has engaged in a pattern or serious incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), and makes a temporary order awarding joint or sole legal custody or periods of physical placement to the party, the court or family court commissioner shall comply with the requirements of s. 767.24 (6) (f) and, if appropriate, (g).

AB651, s. 3 Section 3. 767.24 (2) (a) of the statutes is amended to read:

AB651,4,6 767.24 (2) (a) Subject to pars. (am), (b) and, (c), and (d), based on the best interest of the child and after considering the factors under sub. (5), the court may give joint legal custody or sole legal custody of a minor child.

AB651, s. 4 Section 4. 767.24 (2) (d) of the statutes is created to read:

AB651,4,14 767.24 (2) (d) 1. Notwithstanding pars. (am), (b), and (c), and subject to subd. 2., if the court finds by a preponderance of the evidence that a party has engaged in a pattern or serious incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), there is a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to award joint or sole legal custody to that party. The presumption may be rebutted only by clear and convincing evidence of all of the following:

AB651,4,17 a. The party who committed the battery or abuse has successfully completed a certified treatment program for batterers and is not abusing alcohol or any other drug.

AB651,4,24 b. It is in the best interest of the child for the party who committed the battery or abuse to be awarded joint or sole legal custody because of the absence, mental illness, or substance abuse of the party who was the victim of the battery or abuse, or such other circumstances that affect the best interest of the child, but only if the absence, mental illness, or substance abuse of the party who was the victim of the battery or abuse, or such other circumstances that affect the best interest of the child, are not a result of the battery or abuse.

AB651,5,6 2. If the court finds under subd. 1. that both parties engaged in a pattern or serious incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), the party who engaged in the battery or abuse for purposes of the presumption under subd. 1. is the party that the court determines was the primary physical aggressor. In determining which party was the primary physical aggressor, the court shall consider all of the following:

AB651,5,7 a. All prior acts of domestic violence between the parties.

AB651,5,9 b. The relative severity of the injuries, if any, inflicted upon a party by the other party in any of the prior acts of domestic violence under subd. 2. a.

AB651,5,11 c. The likelihood of future injury to either of the parties resulting from acts of domestic violence between the parties.

AB651,5,13 d. Whether either of the parties acted in self-defense in any of the prior acts of domestic violence under subd. 2. a.

AB651,5,15 e. Whether there is or has been a pattern of coercive and abusive behavior between the parties.

AB651,5,17 f. Any other factor that the court considers relevant to the determination under this subdivision.

AB651, s. 5 Section 5. 767.24 (6) (f) of the statutes is created to read:

AB651,5,24 767.24 (6) (f) If the court found, under sub. (2) (d), that a party had engaged in a pattern or serious incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), the court shall state in writing whether the presumption against joint or sole legal custody was rebutted and, if so, what evidence rebutted the presumption, and why its findings relating to legal custody and physical placement are in the best interest of the child.

AB651, s. 6 Section 6. 767.24 (6) (g) of the statutes is created to read:

AB651,6,7 767.24 (6) (g) If the court found, under sub. (2) (d), that a party had engaged in a pattern or serious incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), and the court awarded periods of physical placement to both parties, the court shall provide for the safety and well-being of the child and for the safety of the party who was the victim of the battery or abuse. For that purpose, the court shall consider all, and shall impose at least one, of the following:

AB651,6,11 1. Requiring the exchange of the child to occur in a protected setting or in the presence of an appropriate 3rd party who agrees by affidavit or other supporting evidence to assume the responsibility assigned by the court and to be accountable to the court for his or her actions with respect to the responsibility.

AB651,6,16 2. Requiring the child's periods of physical placement with the party who committed the battery or abuse to be supervised by an appropriate 3rd party who agrees by affidavit or other supporting evidence to assume the responsibility assigned by the court and to be accountable to the court for his or her actions with respect to the responsibility.

AB651,6,18 3. Requiring the party who committed the battery or abuse to pay the costs of supervised physical placement.

AB651,6,21 4. Requiring the party who committed the battery or abuse to attend and complete, to the satisfaction of the court, a certified treatment program for batterers as a condition of exercising his or her periods of physical placement.

AB651,6,24 5. Requiring the party who committed the battery or abuse to abstain from possessing or consuming alcohol or any controlled substance during, and for at least 8 hours preceding, his or her periods of physical placement.

AB651,7,2 6. Prohibiting the party who committed the battery or abuse from having overnight physical placement with the child.

AB651,7,4 7. Requiring the party who committed the battery or abuse to post a bond for the return and safety of the child.

AB651,7,7 8. Notwithstanding s. 767.045 (5), requiring the continued appointment of a guardian ad litem for the child, or requiring an investigation by an attorney or guardian ad litem for the child.

AB651,7,10 9. Imposing any other condition that the court determines is necessary for the safety and well-being of the child or the safety of the party who was the victim of the battery or abuse.

AB651, s. 7 Section 7. Initial applicability.

AB651,7,14 (1) This act first applies to actions or proceedings that are commenced on the effective date of this subsection, including actions or proceedings to modify a judgment or order granted before the effective date of this subsection.

AB651,7,15 (End)