767.405(10)(e)4.
4. Other evidence which indicates one of the parties' health or safety will be endangered if mediation is not terminated.
767.405(12)(a)(a) Any agreement that resolves issues of legal custody or periods of physical placement between the parties and that is reached as a result of mediation under this section shall be prepared in writing, reviewed by the attorney, if any, for each party and by any appointed guardian ad litem, and submitted to the court to be included in the court order as a stipulation. Any reviewing attorney or guardian ad litem shall certify on the mediation agreement that he or she reviewed it, and the guardian ad litem, if any, shall comment on the agreement based on the best interest of the child. The mediator shall certify that the written mediation agreement accurately reflects the agreement made between the parties. The court may approve or reject the agreement, based on the best interest of the child. The court shall state in writing its reasons for rejecting an agreement.
767.405(12)(b)
(b) If after mediation under this section the parties do not reach agreement on legal custody or periods of physical placement, the parties or the mediator shall so notify the court. Except as provided in
s. 767.407 (1) (am), the court shall promptly appoint a guardian ad litem under
s. 767.407. Regardless of whether the court appoints a guardian ad litem, the court shall, if appropriate, refer the matter for a legal custody or physical placement study under
sub. (14). If the parties come to agreement on legal custody or physical placement after the matter has been referred for a study, the study shall be terminated. The parties may return to mediation at any time before any trial of or final hearing on legal custody or periods of physical placement. If the parties return to mediation, the county shall collect any applicable fee under
s. 814.615.
767.405(13)
(13) Powers of court. Except as provided in
sub. (8), referring parties to mediation under this section does not affect the power of the court to make any necessary order relating to the parties during the course of the mediation.
767.405(14)
(14) Legal custody and physical placement study. 767.405(14)(a)(a) A county or 2 or more contiguous counties shall provide legal custody and physical placement study services. The county or counties may elect to provide these services by any of the means set forth in
sub. (3) with respect to mediation. Regardless of whether a county so elects, whenever legal custody or physical placement of a minor child is contested and mediation under this section is not used or does not result in agreement between the parties, or at any other time the court considers it appropriate, the court may order a person or entity designated by the county to investigate the following matters relating to the parties:
767.405(14)(a)2.
2. Each party's performance of parental duties and responsibilities relating to the child.
767.405(14)(a)3.
3. Any other matter relevant to the best interest of the child.
767.405(14)(b)1.1. The person or entity investigating the parties under
par. (a) shall complete the investigation, prepare a report of the results, and, at least 10 days before the report is introduced into evidence under
subd. 2., submit the report to the court and to both parties. The court may review the report, but may not rely upon it as evidence before it is properly introduced under
subd. 2.
767.405(14)(b)2.
2. The report under
subd. 1. shall be offered in accordance with the rules of evidence and shall be a part of the record in the action if it is so offered and admitted into evidence.
767.405(14)(c)
(c) No person who provided mediation to the parties under this section may investigate the parties under this subsection unless each party personally so consents by written stipulation after mediation has ended and after receiving notice from the person who provided mediation that consent waives the inadmissibility of communications in mediation under
s. 904.085.
767.405 Note
Judicial Council Note, 1993. Subsections (5) (a) and (14) (c) are amended because the rule of inadmissibility under s. 904.085 is not a privilege; it is waivable only if the parties stipulate that the mediator may conduct the custody investigation.
767.405 Annotation
The director is an agent of the circuit court judges, and the director's statutory authority and responsibilities are to be carried out under the supervision of the circuit court judges. A collective bargaining agreement cannot trump such statutory, judicial branch authority because doing so would violate separation of powers principles. A collective bargaining agreement may not abrogate a statutory function of the judicial branch. Any such provisions in a collective bargaining agreement are invalid and unenforceable. Racine County v. International Association of Machinists and Aerospace Workers,
2008 WI 70,
310 Wis. 2d 508,
751 N.W.2d 312,
06-0964.
767.407
767.407
Guardian ad litem for minor children. 767.407(1)(a)(a) The court shall appoint a guardian ad litem for a minor child in any action affecting the family if any of the following conditions exists:
767.407(1)(a)1.
1. The court has reason for special concern as to the welfare of a minor child.
767.407(1)(a)2.
2. Except as provided in
par. (am), the legal custody or physical placement of the child is contested.
767.407(1)(am)
(am) The court is not required to appoint a guardian ad litem under
par. (a) 2. if all of the following apply:
767.407(1)(am)1.
1. Legal custody or physical placement is contested in an action to modify legal custody or physical placement under
s. 767.451 or
767.481.
767.407(1)(am)2.
2. The modification sought would not substantially alter the amount of time that a parent may spend with his or her child.
767.407(1)(am)3.a.
a. That the appointment of a guardian ad litem will not assist the court in the determination regarding legal custody or physical placement because the facts or circumstances of the case make the likely determination clear.