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2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.08 - Notice to persons outside state.

822.08
Notice to persons outside state.
(1)
Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice shall be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(2)
Proof of service may be made in the manner prescribed by law of this state or by the law of the state in which the service is made.
(3)
Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
History:  2005 a. 130.
Traditional personal jurisdiction is not required in child custody proceedings. Child custody proceedings under ch. 822 are valid even in the absence of minimum contacts over an out-of-state parent. Section 801.05 (11) provides sufficient due process protection to out-of-state parents based on notice and an opportunity to be heard. Tammie J. C. v. Robert T. R. 2003 WI 61, 262 Wis. 2d 217, 663 N.W.2d 734, 01-2787.
NOTE:  The above annotation cites to the Uniform Child Custody Jurisdiction Act, the predecessor statute to the current Uniform Child Custody Jurisdiction and Enforcement Act.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.09 - Appearance and limited immunity.

822.09
Appearance and limited immunity.
(1)
A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(2)
A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(3)
The immunity granted by sub. (1) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.10 - Communication between courts.

822.10
Communication between courts.
(1)
In this section, “record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(2)
A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
(3)
The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they shall be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(4)
Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(5)
Except as provided in sub. (4), a record shall be made of a communication under this section. The parties shall be informed promptly of the communication and granted access to the record.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.11 - Taking testimony in another state.

822.11
Taking testimony in another state.
(1)
In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(2)
A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(3)
Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.12 - Cooperation between courts; preservation of records.

822.12
Cooperation between courts; preservation of records.
(1)
A court of this state may request the appropriate court of another state to do any of the following:
(a)
Hold an evidentiary hearing.
(b)
Order a person to produce or give evidence under procedures of that state.
(c)
Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding.
(d)
Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request.
(e)
Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(2)
Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in sub. (1).
(3)
Travel and other necessary and reasonable expenses incurred under subs. (1) and (2) may be assessed against the parties according to the law of this state.
(4)
A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.22 - Exclusive, continuing jurisdiction.

822.22
Exclusive, continuing jurisdiction.
(1)
Except as provided in s. 822.24, a court of this state that has made a child custody determination consistent with s. 822.21 or 822.23 has exclusive, continuing jurisdiction over the determination until any of the following occurs:
(a)
A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships.
(b)
A court of this state or a court of another state determines that the child, the child's parents, and all persons acting as parents do not presently reside in this state.
(2)
A court of this state that has made a child custody determination and that does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under s. 822.21.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.23 - Jurisdiction to modify determination.

822.23
Jurisdiction to modify determination.
Except as provided in s. 822.24, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under s. 822.21 (1) (a) or (b) and one of the following applies:
(1)
The court of the other state determines that it no longer has exclusive, continuing jurisdiction under s. 822.22 or that a court of this state would be a more convenient forum under s. 822.27.
(2)
A court of this state or a court of the other state determines that the child, the child's parents, and all persons acting as parents do not presently reside in the other state.
History:  2005 a. 130.
An action for legal custody commenced in Wisconsin after entry of a custody decree in California was an action to modify the California custody decree requiring Wisconsin jurisdiction and no California jurisdiction at the time of commencement. In Interest of A.E.H., 161 Wis. 2d 277, 468 N.W.2d 190 (1991).
NOTE:  The above annotation cites to the Uniform Child Custody Jurisdiction Act, the predecessor statute to the current Uniform Child Custody Jurisdiction and Enforcement Act.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.24 - Temporary emergency jurisdiction.

822.24
Temporary emergency jurisdiction.
(1)
A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(2)
If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under ss. 822.21 to 822.23, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under ss. 822.21 to 822.23. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under ss. 822.21 to 822.23, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(3)
If a previous child custody determination is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under ss. 822.21 to 822.23, any order issued by a court of this state under this section shall specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under ss. 822.21 to 822.23. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or until the period expires.
(4)
A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or that a child custody determination has been made by, a court of a state having jurisdiction under ss. 822.21 to 822.23, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction under ss. 822.21 to 822.23, upon being informed that a child custody proceeding has been commenced in, or that a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.25 - Notice; opportunity to be heard; joinder.

822.25
Notice; opportunity to be heard; joinder.
(1)
Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of s. 822.08 shall be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(2)
This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
(3)
The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.26 - Simultaneous proceedings.

822.26
Simultaneous proceedings.
(1)
Except as provided in s. 822.24, a court of this state may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under s. 822.27.
(2)
Except as provided in s. 822.24, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties under s. 822.29. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(3)
In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may do any of the following:
(a)
Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement.
(b)
Enjoin the parties from continuing with the proceeding for enforcement.
(c)
Proceed with the modification under conditions it considers appropriate.
History:  2005 a. 130.
An Indian tribal court custody order is given full force and effect under the doctrine of comity. Custody of Sengstock, 165 Wis. 2d 86, 477 N.W.2d 310 (Ct. App. 1991).
NOTE:  The above annotation cites to the Uniform Child Custody Jurisdiction Act, the predecessor statute to the current Uniform Child Custody Jurisdiction and Enforcement Act.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.28 - Jurisdiction declined by reason of conduct.

822.28
Jurisdiction declined by reason of conduct.
(1)
Except as provided in s. 822.24, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless any of the following occurs:
(a)
The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction.
(b)
A court of the state otherwise having jurisdiction under ss. 822.21 to 822.23 determines that this state is a more appropriate forum under s. 822.27.
(c)
No court of any other state would have jurisdiction under the criteria specified in ss. 822.21 to 822.23.
(2)
If a court of this state declines to exercise its jurisdiction under sub. (1), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under ss. 822.21 to 822.23.
(3)
If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under sub. (1), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and expenses for child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.29 - Information to be submitted to court.

822.29
Information to be submitted to court.
(1)
In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit shall state whether the party:
(a)
Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or physical placement or visitation with the child and, if so, shall identify the court, the case number, and the date of the child custody determination, if any.
(b)
Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, shall identify the court, the case number, and the nature of the proceeding.
(c)
Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(2)
If the information required by sub. (1) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(3)
If the declaration as to any of the items described in sub. (1) (a) to (c) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(4)
Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(5)
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information shall be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.295 - Appearance of parties and child.

822.295
Appearance of parties and child.
(1)
In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(2)
If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given under s. 822.08 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(3)
The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(4)
If a party to a child custody proceeding who is outside this state is directed to appear under sub. (2) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.31 - Definitions.

822.31
Definitions.
In this subchapter:
(1)
“Judicial day" means each day except Saturday, Sunday, or a legal holiday under s. 995.20.
(2)
“Petitioner" means a person who seeks enforcement of an order for the return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(3)
“Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for the return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
History:  2005 a. 130; 2007 a. 97.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.32 - Enforcement under Hague Convention.

822.32
Enforcement under Hague Convention.
Under this subchapter, a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.33 - Duty to enforce.

822.33
Duty to enforce.
(1)
A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(2)
A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.34 - Temporary physical placement or visitation.

822.34
Temporary physical placement or visitation.
(1)
A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing any of the following:
(a)
A physical placement or visitation schedule made by a court of another state.
(b)
The physical placement or visitation provisions of a child custody determination of another state that does not provide for a specific physical placement or visitation schedule.
(2)
If a court of this state makes an order under sub. (1) (b), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in subch. II. The order remains in effect until an order is obtained from the other court or until the period expires.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.36 - Enforcement of registered determination.

822.36
Enforcement of registered determination.
(1)
A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.
(2)
A court of this state shall recognize and enforce, but may not modify, except in accordance with subch. II, a registered child custody determination of a court of another state.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.37 - Simultaneous proceedings.

822.37
Simultaneous proceedings.
If a proceeding for enforcement under this subchapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under subch. II, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.39 - Service of petition and order.

822.39
Service of petition and order.
Except as provided in s. 822.41, the petition and order must be served, by any method authorized by the laws of this state, upon the respondent and any person who has physical custody of the child.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.40 - Hearing and order.

822.40
Hearing and order.
(1)
Unless the court issues a temporary emergency order under s. 822.24, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes one of the following:
(a)
The child custody determination has not been registered and confirmed under s. 822.35 and any of the following:
1.
The issuing court did not have jurisdiction under subch. II.
2.
The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subch. II.
3.
The respondent was entitled to notice, but notice was not given in accordance with the standards of s. 822.08 in the proceedings before the court that issued the order for which enforcement is sought.
(b)
The child custody determination for which enforcement is sought was registered and confirmed under s. 822.35, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subch. II.
(2)
The court shall award the costs, fees, and expenses authorized under s. 822.42 and may grant additional relief, including a request for the assistance of law enforcement officials, and may set a further hearing to determine whether additional relief is appropriate.
(3)
If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(4)
A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.41 - Warrant to take physical custody of child.

822.41
Warrant to take physical custody of child.
(1)
Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this state.
(2)
If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition shall be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by s. 822.38 (2).
(3)
A warrant to take physical custody of a child shall do all of the following:
(a)
Recite the facts upon which a conclusion of imminent serious physical harm or removal from the state is based.
(b)
Direct law enforcement officers to take physical custody of the child immediately.
(c)
Provide for the placement of the child pending final relief.
(4)
The respondent shall be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(5)
A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(6)
The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.42 - Costs, fees, and expenses.

822.42
Costs, fees, and expenses.
(1)
The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and expenses for child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(2)
The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.43 - Recognition and enforcement.

822.43
Recognition and enforcement.
A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter that enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under subch. II.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.44 - Appeals.

822.44
Appeals.
An appeal may be taken from a final order in a proceeding under this subchapter in accordance with ch. 809. Unless the court enters a temporary emergency order under s. 822.24, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.45 - Role of prosecutor.

822.45
Role of prosecutor.
(1)
A prosecutor, in a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, may take any lawful action, including resort to a proceeding under this subchapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if any of the following exists:
(a)
A child custody determination.
(b)
A request to do so from a court in a pending child custody proceeding.
(c)
A reasonable belief that a criminal statute has been violated.
(d)
A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(2)
A prosecutor acting under this section acts on behalf of the court and may not represent any party.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.46 - Role of law enforcement.

822.46
Role of law enforcement.
At the request of a prosecutor acting under s. 822.45, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor with responsibilities under s. 822.45.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.47 - Costs and expenses.

822.47
Costs and expenses.
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under s. 822.45 or 822.46.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.01 - Jurisdiction over nuisances.

823.01
Jurisdiction over nuisances.
Any person, county, city, village or town may maintain an action to recover damages or to abate a public nuisance from which injuries peculiar to the complainant are suffered, so far as necessary to protect the complainant's rights and to obtain an injunction to prevent the same.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.01.
A town's recovery under nuisance statutes does not require injury to the town's own property. Town of East Troy v. Soo Line Railroad Co. 653 F.2d 1123 (1980).
Navigating the “Impenetrable Jungle": Statutory Limits on Wisconsin Public Nuisance Actions. Massaro. 90 MLR 95 (2006).
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.015 - Action against condominium association.

823.015
Action against condominium association.
If a city, village, town, or county has grounds under this chapter to abate a nuisance occurring upon the common elements of a condominium and the failure of a condominium association under ch. 703 to perform its duties to maintain and control the common elements is a reason the nuisance has not been abated, an action for a receivership under ch. 823 may be brought against the condominium association whether it is incorporated or unincorporated. This section does not authorize the seizure of condominium buildings or units.
History:  2003 a. 283.
NOTE:  2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.03 - Judgment.

823.03
Judgment.
In such actions, when the plaintiff prevails, the plaintiff shall, in addition to judgment for damages and costs, also have judgment that the nuisance be abated unless the court shall otherwise order.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.03; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.04 - Execution and warrant.

823.04
Execution and warrant.
In case of judgment that the nuisance be abated and removed the plaintiff shall have execution in the common form for the plaintiff's damages and costs and a separate warrant to the proper officer requiring the officer to abate and remove the nuisance at the expense of the defendant.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.04; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.05 - Warrant may be stayed.

823.05
Warrant may be stayed.
The court may, on the application of the defendant, order a stay of such warrant for such time as may be necessary, not exceeding 6 months, to give the defendant an opportunity to remove the nuisance, upon the defendant's giving satisfactory security to do so within the time specified in the order.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1982); Stats. 1975 s. 823.05; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.06 - Expense of abating, how collected.

823.06
Expense of abating, how collected.
The expense of abating such nuisance pursuant to such warrant shall be collected by the officer in the same manner as damages and costs are collected upon execution or may be collected by finding the defendant personally liable for these expenses, as provided in s. 74.53. The officer may sell any material of any fences, buildings or other things abated or removed as a nuisance as personal property is sold upon execution and apply the proceeds to pay the expenses of such abatement, paying the residue, if any, to the defendant.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.06; 1983 a. 476; 1987 a. 378.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.065 - Repeated violations of a municipal ordinance a public nuisance.

823.065
Repeated violations of a municipal ordinance a public nuisance.
Repeated or continuous violation of a municipal ordinance relating to naphtha, benzol, gasoline, kerosene or any other inflammable liquid or combustible material is declared a public nuisance, and an action may be maintained by the municipality to abate such nuisance and enjoin such violation.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.065; 1993 a. 246.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.07 - Violations of ordinances or resolutions relating to noxious business.

823.07
Violations of ordinances or resolutions relating to noxious business.
Repeated or continuous violations of a city, village or town resolution or ordinance enacted pursuant to s. 66.0415 (1) is declared a public nuisance and an action may be maintained by any such municipality to abate or remove such nuisance and enjoin such violation.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.07; 1999 a. 150 s. 672.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.075 - Actions against forestry operations.

823.075
Actions against forestry operations.
(1)
In this section:
(a)
“Department" means the department of natural resources.
(b)
“Forest" means a parcel of land in which at least 80 percent of the parcel is producing or is capable of producing at least 20 cubic feet of merchantable timber, as defined in s. 77.81 (3), per acre per year.
(c)
“Forestry operation" means any activity related to the harvesting, reforestation, and other forest management activities, including thinning, pest control, fertilization, and wildlife management.
(d)
“Generally accepted forestry management practices" means forestry management practices that promote sound management of a forest, as determined by the department by rule. The rule promulgated by the department may incorporate by reference the most recent version of the department's publication known as Wisconsin Forest Management Guidelines and identified as publication number PUB-FR-226.
(2)
A forestry operation is not a nuisance if the forestry operation alleged to be a nuisance conforms to generally accepted forestry management practices.
(3)
A forestry operation that conforms to generally accepted forestry management practices is not a nuisance as a result of any of the following:
(a)
A change in ownership or size of a forest.
(b)
Cessation or interruption of forestry operations.
(c)
Enrollment of all or part of the forest in governmental forestry or conservation programs.
(d)
Adoption of new forestry technology.
(4)
In any action in which a forestry operation is alleged to be a nuisance, if the party who was alleged to commit the nuisance prevails, the court may award that party the actual and necessary costs incurred in the action and, notwithstanding s. 814.04 (1), reasonable attorney fees.
History:  2005 a. 79.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.085 - Actions against owners or operators of solid waste facilities.

823.085
Actions against owners or operators of solid waste facilities.
(1)
In this section, “solid waste facility" has the meaning given in s. 289.01 (35).
(2)
In any action finding a solid waste facility or the operation of a solid waste facility to be a public or private nuisance, if the solid waste facility was licensed under s. 289.31 (1) and was operated in substantial compliance with the license, the plan of operation for the solid waste facility approved by the department of natural resources and the rules promulgated under s. 289.05 (1) that apply to the facility, then all of the following apply:
(a)
Notwithstanding s. 823.03, the court may not order closure of the solid waste facility or substantial restriction in the operation of the solid waste facility unless the court determines that the continued operation of the solid waste facility is a threat to public health and safety.
(b)
The department of natural resources shall comply with a request by the court to provide suggestions for practices to reduce the offensive aspects of the nuisance.
(c)
The amount recovered by any person for damage to real property may not exceed the value of the real property as of the date that the solid waste facility began operation increased by 8 percent per year.
(d)
Punitive damages may not be awarded.
History:  1991 a. 269; 1995 a. 227.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.09 - Bawdyhouses declared nuisances.

823.09
Bawdyhouses declared nuisances.
Whoever shall erect, establish, continue, maintain, use, occupy or lease any building or part of building, erection or place to be used for the purpose of lewdness, assignation or prostitution, or permit the same to be used, in the state of Wisconsin, shall be guilty of a nuisance and the building, erection, or place, in or upon which such lewdness, assignation or prostitution is conducted, permitted, carried on, continued or exists, and the furniture, fixtures, musical instruments and contents used therewith for the same purpose are declared a nuisance, and shall be enjoined and abated.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.09.
Fourth degree sexual assault under s. 940.225 (3m) constitutes lewdness and supports a finding of a nuisance. State v. Panno, 151 Wis. 2d 819, 447 N.W.2d 74 (Ct. App. 1989).
Read in conjunction with s. 823.11, ss. 823.09 and 823.10 do not violate due process because they provide the opportunity to challenge prima facie evidence that a defendant knowingly permitted prostitution to occur on his property, and also allow the collateral challenge of the underlying prostitution convictions. The statutes also do not violate constitutional rights to freedom of association, the protection against government establishment of religion, and equal protection. State v. Schultz, 218 Wis. 2d 798, 582 N.W.2d 113 (Ct. App. 1998), 97-3414.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.10 - Disorderly house, action for abatement.

823.10
Disorderly house, action for abatement.
If a nuisance, as defined in s. 823.09, exists the district attorney or any citizen of the county may maintain an action in the circuit court in the name of the state to abate the nuisance and to perpetually enjoin every person guilty thereof from continuing, maintaining or permitting the nuisance. All temporary injunctions issued in the actions begun by district attorneys shall be issued without requiring the undertaking specified in s. 813.06, and in actions instituted by citizens it shall be discretionary with the court or presiding judge to issue them without the undertaking. The conviction of any person, of the offense of lewdness, assignation or prostitution committed in the building or part of a building, erection or place shall be sufficient proof of the existence of a nuisance in the building or part of a building, erection or place, in an action for abatement commenced within 60 days after the conviction.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762, 782 (1975); Stats. 1975 s. 823.10; 1977 c. 449.
Fourth degree sexual assault under s. 940.225 (3m) constitutes lewdness and supports a finding of nuisance. State v. Panno, 151 Wis. 2d 819, 447 N.W.2d 74 (Ct. App. 1989).
Read in conjunction with s. 823.11, ss. 823.09 and 823.10 do not violate due process because they provide the opportunity to challenge prima facie evidence that a defendant knowingly permitted prostitution to occur on his property, and also allow a collateral challenge of the underlying prostitution convictions. The statutes also do not violate the freedom of association, the protection against government establishment of religion, and the right to equal protection. State v. Schultz, 218 Wis. 2d 798, 582 N.W.2d 113 (Ct. App. 1998), 97-3414.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.11 - Evidence; dismissal of action; costs.

823.11
Evidence; dismissal of action; costs.
In actions begun under s. 823.10 the existence of any nuisance defined by s. 823.09 shall constitute prima facie evidence that the owner of the premises affected has permitted the same to be used as a nuisance; and evidence of the general reputation of the place shall be admissible to prove the existence of such nuisance. If the complaint is filed by a citizen, it shall not be dismissed, except upon a sworn statement made by the complainant and the complainant's attorney, setting forth the reasons why the action should be dismissed, and the dismissal shall be approved by the district attorney of the county in writing or in open court. If the court is of the opinion that the action ought not to be dismissed it may direct the district attorney of the county to prosecute said action to judgment. If the action is brought by a citizen, and the court finds that there was no reasonable ground or cause for said action the costs shall be taxed to such citizen.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762, 782 (1975); Stats. 1975 s. 823.11; 1993 a. 486.
Read in conjunction with s. 823.11, ss. 823.09 and 823.10 do not violate due process because they provide the opportunity to challenge prima facie evidence that a defendant knowingly permitted prostitution to occur on his property, and also allow the collateral challenge of the underlying prostitution convictions. The statutes also do not violate constitutional rights to freedom of association, the protection against government establishment of religion, and equal protection. State v. Schultz, 218 Wis. 2d 798, 582 N.W.2d 113 (Ct. App. 1998), 97-3414.