SB123,29,86 3. All payment obligations included in the order, other than the annual
7receiving and disbursing fee under s. 767.29 (1) (d) 767.57 (1e) (a), are expressed as
8a percentage of the payer's income.
SB123, s. 55 9Section 55. Subchapter II (title) of chapter 767 [precedes 767.105] of the
10statutes is created to read:
SB123,29,1111 chapter 767
SB123,29,1312 subchapter ii
13 provisions of general application
SB123, s. 56 14Section 56. 767.11 (title) and (1) of the statutes are renumbered 767.405 (title)
15and (1m), and 767.405 (title) and (1m) (a) and (b), as renumbered, are amended to
16read:
SB123,29,17 17767.405 (title) Family court counseling services.
SB123,29,21 18(1m) (a) Except as provided in par. (b) and subject to approval by the chief judge
19of the judicial administrative district, the circuit judge or judges in each county shall
20designate a person meeting the qualifications under sub. (4) as the director of family
21court counseling services in that county.
SB123,30,222 (b) If 2 or more contiguous counties enter into a cooperative agreement under
23sub. (3) (b), the circuit judges for the counties involved shall, subject to approval by
24the chief judge of the judicial administrative district, designate a person meeting the

1qualifications under sub. (4) as the director of family court counseling services for
2those counties.
SB123, s. 57 3Section 57. 767.11 (2) to (14) of the statutes, as affected by 2003 Wisconsin Act
4130
, are renumbered 767.405 (2) to (14), and 767.405 (2) (intro.), (c) and (d), (3) (a),
5(b) and (c), (5) (a) (intro.), (b) and (c), (6), (7), (8) (a), (12) and (13), as renumbered, are
6amended to read:
SB123,30,107 767.405 (2) Duties. (intro.) A director of family court counseling services
8designated under sub. (1) (1m) shall administer a family court counseling services
9office if such an office is established under sub. (3) (a) or (b). Regardless of whether
10such an the office is established, the director shall:
SB123,30,1311 (c) Supervise and perform mediation and any legal custody and physical
12placement study services authorized under sub. (14), and evaluate the quality of any
13such
the mediation or study services.
SB123,30,1414 (d) Administer and manage funding for family court counseling services.
SB123,30,16 15(3) (a) A county may establish a family court counseling services office to
16provide mediation in that county.
SB123,30,1917 (b) Two or more contiguous counties may enter into a cooperative agreement
18to establish one family court counseling services office to provide mediation in those
19counties.
SB123,30,2320 (c) A director of family court counseling services designated under sub. (1) (1m)
21may contract with any person or public or private entity, located in a county in which
22the director administers family court counseling services or in a contiguous county,
23to provide mediation in such a the county in which the person or entity is located.
SB123,31,4 24(5) (a) (intro.) Except as provided in sub. (8) (b), in any action affecting the
25family, including a revision of judgment or order under s. 767.32 767.451 or 767.325

1767.59, in which it appears that legal custody or physical placement is contested, the
2court or circuit court commissioner shall refer the parties to the director of family
3court counseling services for possible mediation of those contested issues. The court
4or circuit court commissioner shall inform the parties of all of the following:
SB123,31,95 (b) If both parties to any action affecting the family wish to have joint legal
6custody of a child, either party may request that the court or circuit court
7commissioner
refer the parties to the director of family court counseling services for
8assistance in resolving any problem relating to joint legal custody and physical
9placement of the child. Upon request, the court shall so refer the parties.
SB123,31,1510 (c) A person who is awarded periods of physical placement, or a child of such
11a
that person, a person with visitation rights , or a person with physical custody of
12a child may notify a circuit court commissioner of any problem he or she has relating
13to any of these matters. Upon notification, the circuit court commissioner may refer
14any person involved in the matter to the director of family court counseling services
15for assistance in resolving the problem.
SB123,31,23 16(6) Action upon referral. (a) Whenever a court or circuit court commissioner
17refers a party to the director of family court counseling services for possible
18mediation, the director shall assign a mediator to the case. The mediator shall
19provide mediation if he or she determines that it is appropriate. If the mediator
20determines that mediation is not appropriate, he or she shall so notify the court.
21Whenever a court or circuit court commissioner refers a party to the director of family
22court counseling services for any other family court counseling service, the director
23shall take appropriate action to provide the service.
SB123,32,224 (b) Any intake form that the family court counseling services requires the
25parties to complete before commencement of mediation shall ask each party whether

1either of the parties has engaged in interspousal battery, as described in s. 940.19 or
2940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am).
SB123,32,8 3(7) Private mediator. The parties to any action affecting the family may, at
4their own expense, receive mediation services from a mediator other than one who
5provides services under sub. (3). Parties who receive services from such a mediator
6under this subsection shall sign and file with the director of family court counseling
7services and with the court or circuit court commissioner a written notice stating the
8mediator's name and the date of the first meeting with the mediator.
SB123,32,16 9(8) (a) Except as provided in par. (b), in any action affecting the family,
10including an action for revision of judgment or order under s. 767.32 767.451 or
11767.325 767.59, in which it appears that legal custody or physical placement is
12contested, the parties shall attend at least one session with a mediator assigned
13under sub. (6) (a) or contracted with under sub. (7) and, if the parties and the
14mediator determine that continued mediation is appropriate, no court may hold a
15trial of or a final hearing on legal custody or physical placement until after mediation
16is completed or terminated.
SB123,33,4 17(12) Mediation agreement. (a) Any agreement which that resolves issues of
18legal custody or periods of physical placement between the parties and that is
19reached as a result of mediation under this section shall be prepared in writing,
20reviewed by the attorney, if any, for each party and by any appointed guardian ad
21litem, and submitted to the court to be included in the court order as a stipulation.
22Any reviewing attorney or guardian ad litem shall certify on the mediation
23agreement that he or she reviewed it, and the guardian ad litem, if any, shall
24comment on the agreement based on the best interest of the child. The mediator shall
25certify that the written mediation agreement is in the best interest of the child based

1on the information presented to the mediator and
accurately reflects the agreement
2made between the parties. The court may approve or reject the agreement, based on
3the best interest of the child. The court shall state in writing its reasons for rejecting
4an agreement.
Note: Deletes current requirement that the mediator certify that the written
mediation agreement is "in the best interest of the child" based on the information
presented to the mediator. Reflects concern that a mediator, in general, does not have the
expertise necessary, or sufficient knowledge of the information presented, to certify that
the agreement is in the best interest of the child. The mediator will still be required to
certify that the written mediation agreement accurately reflects the agreement made
between the parties.
SB123,33,155 (b) If after mediation under this section the parties do not reach agreement on
6legal custody or periods of physical placement, the parties or the mediator shall so
7notify the court. Except as provided in s. 767.045 767.407 (1) (am), the court shall
8promptly appoint a guardian ad litem under s. 767.045 767.407. Regardless of
9whether the court appoints a guardian ad litem, the court shall, if appropriate, refer
10the matter for a legal custody or physical placement study under sub. (14). If the
11parties come to agreement on legal custody or physical placement after the matter
12has been referred for a study, the study shall be terminated. The parties may return
13to mediation at any time before any trial of or final hearing on legal custody or periods
14of physical placement. If the parties return to mediation, the county shall collect any
15applicable fee under s. 814.615.
SB123,33,19 16(13) Powers of court or circuit court commissioner. Except as provided in
17sub. (8), referring parties to mediation under this section does not affect the power
18of the court or a circuit court commissioner to make any necessary order relating to
19the parties during the course of the mediation.
SB123, s. 58 20Section 58. 767.11 (15) of the statutes is repealed.
Note: Deletes an obsolete applicability provision.
SB123, s. 59
1Section 59 . 767.115 (title) of the statutes is renumbered 767.401 (title) and
2amended to read:
SB123,34,4 3767.401 (title) Educational programs and classes in actions affecting
4the family
.
SB123, s. 60 5Section 60. 767.115 (1) (a) of the statutes, as affected by 2003 Wisconsin Act
6130
, is renumbered 767.401 (1) (a) and amended to read:
SB123,34,177 767.401 (1) (a) At any time during During the pendency of an action affecting
8the family in which a minor child is involved and in which the court or circuit court
9commissioner
determines that it is appropriate and in the best interest of the child,
10the court or circuit court commissioner, on its own motion, may order the parties to
11attend a program specified by the court or circuit court commissioner concerning the
12effects on a child of a dissolution of the marriage. If the court or circuit court
13commissioner
orders the parties to attend a program under this paragraph and there
14is evidence that one or both of the parties have engaged in interspousal battery, as
15described in s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1)
16(am), the court or circuit court commissioner may not require the parties to attend
17the program together or at the same time.
SB123, s. 61 18Section 61. 767.115 (1) (b) of the statutes is renumbered 767.401 (1) (b) and
19amended to read:
SB123,35,220 767.401 (1) (b) At any time during During the pendency of an action to
21determine the paternity of a child, or an action affecting the family for which the
22underlying action was an action to determine the paternity of a child, if the court or
23circuit court commissioner
determines that it is appropriate and in the best interest
24of the child, the court or circuit court commissioner, on its own motion, may order

1either or both of the parties to attend a program specified by the court or circuit court
2commissioner
providing training in parenting or coparenting skills, or both.
SB123, s. 62 3Section 62. 767.115 (1m), (2) and (3) of the statutes are renumbered 767.401
4(1) (c), (d) and (e) and amended to read:
SB123,35,105 767.401 (1) (c) A program under sub. (1) par. (a) or (b) shall be educational
6rather than therapeutic in nature and may not exceed a total of 4 hours in length.
7The parties shall be responsible for the cost, if any, of attendance at the program.
8The court or circuit court commissioner may specifically assign responsibility for
9payment of any cost. No facts or information obtained in the course of the program,
10and no report resulting from the program, is admissible in any action or proceeding.
SB123,35,1511 (d) Notwithstanding s. 767.07 767.35 (1), the court or circuit court
12commissioner
may require the parties to an action affecting the family in which a
13minor child is involved
to attend a program under sub. (1) par. (a) or (b) as a condition
14to the granting of a final judgment or order in the action affecting the family that is
15pending before the court or circuit court commissioner
.
SB123,35,1816 (e) A party who fails to attend a program ordered under sub. (1) par. (a) or (b)
17or pay costs specifically ordered under sub. (1m) par. (c) may be proceeded against
18under ch. 785 for contempt of court.
SB123, s. 63 19Section 63. 767.115 (4) of the statutes is renumbered 767.401 (2), and 767.401
20(2) (a), (b) and (c) 2., as renumbered, are amended to read:
SB123,36,221 767.401 (2) (a) At any time during During the pendency of a divorce or
22paternity action, the court or circuit court commissioner may order the parties to
23attend a class that is approved by the court or circuit court commissioner and that
24addresses such issues as child development, family dynamics, how parental

1separation affects a child's development, and what parents can do to make raising
2a child in a separated situation less stressful for the child.
SB123,36,73 (b) The court or circuit court commissioner may not require the parties to
4attend a class under this subsection as a condition to the granting of the final
5judgment or order in the divorce or paternity action, however, the court or circuit
6court commissioner
may refuse to hear a custody or physical placement motion of a
7party who refuses to attend a class ordered under this subsection.
SB123,36,98 (c) 2. If the court or circuit court commissioner finds that a party is indigent,
9any costs that would be the responsibility of that party shall be paid by the county.
SB123, s. 64 10Section 64. 767.117 (1) (title) and (3) (title) of the statutes are created to read:
SB123,36,1111 767.117 (1) (title) Prohibitions.
SB123,36,12 12(3) (title) Violations.
SB123, s. 65 13Section 65. 767.12 (title) and (1) of the statutes are renumbered 767.235 (title)
14and (1) and amended to read:
SB123,36,20 15767.235 (title) Trial procedure or hearing on judgment. (1) Proceedings
16Before court. In actions an action affecting the family, all hearings and trials to
17determine whether judgment shall be granted, except hearings under s. 757.69 (1)
18(p) 3., shall be before the court. The testimony Testimony shall be taken by the
19reporter and shall be written out transcribed and filed with the record if so ordered
20by the court. Custody proceedings shall receive have priority in being set for hearing.
SB123, s. 66 21Section 66. 767.12 (2) and (3) of the statutes are renumbered 767.315 (1) and
22(2) and amended to read:
SB123,37,423 767.315 (1) Irretrievable breakdown. (a) If both of the parties to a legal
24separation or divorce action
by petition or otherwise have stated under oath or
25affirmation that the marriage is irretrievably broken, or if the parties have

1voluntarily lived apart continuously for 12 months or more immediately prior to
2commencement of the action and one party has so stated, the court, after hearing,
3shall make a finding that the marriage is irretrievably broken for purposes of s.
4767.35 (1) (b) 1
.
SB123,37,105 (b) If the parties to a legal separation or divorce action have not voluntarily
6lived apart for at least 12 months immediately prior to commencement of the action
7and if only one party has stated under oath or affirmation that the marriage is
8irretrievably broken, the court shall consider all relevant factors, including the
9circumstances that gave rise to filing the petition and the prospect of reconciliation.,
10and proceed as follows:
SB123,37,1311 1. If the court finds no reasonable prospect of reconciliation, it shall make a
12finding that the marriage is irretrievably broken; or for purposes of s. 767.35 (1) (b)
131.
SB123,37,2114 2. If the court finds that there is a reasonable prospect of reconciliation, it shall
15continue the matter for further hearing not fewer than 30 nor more than 60 days
16later, or as soon thereafter as the matter may be reached on the court's calendar, and
17may suggest to the parties that they seek counseling. The court, at the request of
18either party or on its own motion, may order counseling. At the adjourned hearing,
19if either party states under oath or affirmation that the marriage is irretrievably
20broken, the court shall make a finding whether the marriage is irretrievably broken
21for purposes of s. 767.35 (1) (b) 1.
SB123,38,2 22(2) Breakdown of marital relationship. If both of the parties to a legal
23separation or divorce action
by petition or otherwise have stated under oath or
24affirmation that the marital relationship is broken, the court, after hearing, shall

1make a finding that the marital relationship is broken for purposes of s. 767.35 (1)
2(b) 2
.
SB123, s. 67 3Section 67. 767.125 of the statutes is renumbered 767.235 (2) and amended
4to read:
SB123,38,125 767.235 (2) Order for appearance Appearance of litigants. Unless
6nonresidence in the state is shown by competent evidence, service is by publication,
7or the court shall for other good cause orders otherwise order, both parties in actions
8affecting the family shall be required to appear upon the final hearing or trial. An
9order of the court or a circuit court commissioner to that effect shall accordingly be
10procured by the moving party, and shall be served upon the nonmoving party before
11the hearing or trial. In No order is required in the case of a joint petition the order
12is not required
.
Note: Clarifies that the appearance requirement extends to final hearings.
SB123, s. 68 13Section 68. 767.127 (3) (title) of the statutes is created to read:
SB123,38,1414 767.127 (3) (title) Confidentiality of disclosed information.
SB123, s. 69 15Section 69 . 767.14 of the statutes is repealed.
Note: Repealed as unnecessary. The repealed section provides:
767.14 Service on office of family court commissioner and
appearance by circuit court commissioner. In any action affecting the
family, each party shall, either within 20 days after making service on the
opposite party of any petition or pleading or before filing such petition or
pleading in court, serve a copy of the same upon the circuit court
commissioner supervising the office of family court commissioner of the
county in which the action is begun, whether such action is contested or
not. No judgment in any such action shall be granted unless this section
is complied with except when otherwise ordered by the court. A circuit
court commissioner assisting in matters affecting the family may appear
in an action under this chapter when appropriate; and shall appear when
requested by the court.
Those judicial circuits desiring to continue service on the circuit court court
commissioner may do so by adopting a local rule.
SB123, s. 70 16Section 70. 767.145 (title) and (1) of the statutes are repealed.
Note: Reflects the repeal of s. 767.14 by Sec. 69 of this bill. Section 767.145 (1)
provides:

767.145 (1) After the expiration of the period specified by the
statute, the court may in its discretion, upon petition and without notice,
extend the time within which service shall be made upon the circuit court
commissioner supervising the office of family court commissioner.
SB123, s. 71 1Section 71. 767.145 (2) of the statutes is renumbered 767.215 (4) (a) and
2amended to read:
SB123,39,53 767.215 (4) (a) Except as provided in s. 767.456 par. (b) and s. 767.815,
4extension of time under any other circumstances shall be is governed by s. 801.15 (2),
5except that
the.
SB123,39,11 6(b) The court may, upon the petitioner's demonstration of good cause, and
7without notice, order one additional 60-day extension for service of the initial papers
8in the action if the extension motion is made within 90 days after filing the initial
9papers. If the extension motion is not made within the 90-day period, the court may
10grant the motion only if it finds excusable neglect for failure to act and good cause
11shown for granting the extension
.
Note: Clarifies when motions for a 60-day extension for serving the initial papers
must be made and the standard for granting the motion if made more than 90 days after
filing the papers.
SB123, s. 72 12Section 72. 767.15 of the statutes is renumbered 767.217 and amended to
13read:
SB123,40,2 14767.217 (title) Service on child support program Notice to Child
15Support Program
. (1) Notice of pleading or motion. In any an action affecting
16the family in which either party is a recipient of benefits under ss. 49.141 to 49.161
17or aid under s. 46.261, 49.19, or 49.45, each party shall, either within 20 days after
18making service on serving the opposite party of any with a motion or pleading
19requesting the court or circuit court commissioner to order, or to modify a previous
20order, relating to child support, maintenance, or family support, or before filing the

1motion or pleading in court, serve a copy of the motion or pleading upon on the county
2child support agency under s. 59.53 (5) of the county in which the action is begun.
SB123,40,6 3(2) Notice of appeal. In any an appeal of any an action affecting the family
4in which support or maintenance of a child of any party is at issue, the person who
5initiates the appeal shall notify the department of the appeal by sending a copy of
6the notice of appeal to the department.
SB123,40,8 7(3) Noncompliance. No A judgment in any an action affecting the family may
8not be granted unless this section is complied with or a court orders otherwise.
SB123, s. 73 9Section 73. 767.16 of the statutes is amended to read:
SB123,40,20 10767.16 Circuit court commissioner or law partner; when interested;
11procedure.
Neither a A circuit court commissioner assisting in matters affecting
12the family nor a partner or a member of the commissioner's law firm may not appear
13in any action affecting the family in any court held in the county in which the circuit
14court commissioner is acting, except when authorized to appear by s. 767.14. In case
15the
. If a circuit court commissioner or a partner shall be in any way member of the
16commissioner's law firm is
interested in such an action affecting the family and no
17other circuit court commissioner is available
, the presiding judge shall appoint some
18reputable
an attorney to perform the services enjoined upon the act as circuit court
19commissioner in that action. The appointed attorney shall take and file the oath and
20receive the compensation provided by law.
Note: 1. Removes as obsolete reference to an appearance by a court commissioner
when authorized by s. 767.14. Section 767.14 is repealed by Sec. 69 of this bill.
2. Clarifies remaining language.
SB123, s. 74 21Section 74. 767.17 of the statutes is created to read:
SB123,40,23 22767.17 Review of circuit court commissioner decisions. A decision of a
23circuit court commissioner under this chapter is reviewable under s. 757.69 (8).

Note: For convenience, adds a cross-reference to the provision on review of circuit
court commissioner decisions by the court, including opportunity for a de novo hearing.
SB123, s. 75 1Section 75. 767.19 (title) of the statutes is repealed.
SB123, s. 76 2Section 76. 767.19 (1) of the statutes is renumbered 767.13 and amended to
3read:
SB123,41,12 4767.13 Impoundment of record. No Except as provided in s. 767.127 (3), the
5record or evidence in any case shall an action affecting the family may not be
6impounded, or and access thereto to the record or evidence may not be refused, except
7by special written order of the court made in its discretion in the interests of public
8morals. And when impounded no officer or other
for good cause shown. No person
9shall may permit a copy of any of the testimony or pleadings impounded record or
10evidence
, or the substance thereof of the record or evidence, to be taken by any person
11other than a party to the action, or his or her attorney of record, without the special
12order of the
unless a court orders otherwise.
Note: 1. Substitutes, as the standard for impounding or denying access to the
record or evidence in an action affecting the family, "good cause shown" for "in the
interests of public morals". The new language is a more current standard for the exercise
of judicial discretion, although it is recognized that it is broader than the previous
standard. Inclusion of "shown" in the new language implies that someone other than the
court must seek impoundment or denial of access and has the burden of persuading the
court.
2. The exception clause refers to the provision on confidentiality of required asset
disclosure, treated by Sec. 123 of the bill.
SB123, s. 77 13Section 77. 767.19 (2) of the statutes is renumbered 767.235 (3).
SB123, s. 78 14Section 78. 767.20 of the statutes, as affected by 2003 Wisconsin Act 52, is
15renumbered 767.395.
SB123, s. 79 16Section 79. Subchapter III (title) of chapter 767 [precedes 767.201] of the
17statutes is created to read:
SB123,41,1818 chapter 767
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