3. Except as provided in s. 767.407 (1) (am), appoint a guardian ad litem for the 21
child. The court shall provide in the order for appointment, however, that if a 22
mediator is ordered under subd. 2. the guardian ad litem is not required to commence 23
investigation on behalf of the child unless the mediator notifies the court that the 24
parties are unable to reach an agreement on the issue.
4. Set the matter for a further hearing to be held within 60 days.
1(3) Relocation pending final hearing
. (a) At the initial hearing, or at any time 2
after the initial hearing but before the final hearing, the court may issue a temporary 3
order under s. 767.225 (1) (bm) to allow the parent proposing the relocation to 4
relocate with the child if the court finds that the relocation is in the child's immediate 5
best interest. The court shall inform the parties, however, that approval of the 6
relocation is subject to revision at the final hearing.
(b) If a court commissioner makes a determination, order, or ruling regarding 8
relocation pending the final hearing under par. (a), either party may seek a review 9
by hearing de novo under s. 757.69 (8). The motion requesting the de novo hearing 10
must be filed with the court within 10 days after the court commissioner orally issues 11
the determination, order, or ruling. The judge shall hold the de novo hearing within 12
30 days after the motion requesting the de novo hearing is filed, unless the court finds 13
good cause for an extension.
14(4) Standards for deciding relocation motions
. At the final hearing, the court 15
shall decide the matter as follows:
(a) If the proposed relocation only minimally changes or affects the current 17
placement schedule or does not affect or change the current placement schedule, the 18
court shall approve the proposed relocation, set a new placement schedule if 19
appropriate, and allocate the costs of and responsibility for transportation of the 20
child between the parties under the new placement schedule.
(b) In cases other than that specified in par. (a), the court shall, in determining 22
whether to approve the proposed relocation and a new placement schedule, use the 23
1. The factors under s. 767.41 (5).
2. A presumption that the court should approve the plan of the parent 2
proposing the relocation if the court determines that the objecting parent has not 3
significantly exercised court-ordered physical placement.
3. A presumption that the court should approve the relocation plan if the court 5
determines that the parent's relocation is related to abuse, as defined in s. 813.122 6
(1) (a), of the child, as defined in s. 813.122 (1) (b); a pattern or serious incident of 7
interspousal battery, as described under s. 940.19 or 940.20 (1m); or a pattern or 8
serious incident of domestic abuse, as defined in s. 813.12 (1) (am).
(c) If the objecting parent files a responsive motion that seeks a substantial 10
change in physical placement or a change in legal custody, the court shall, in deciding 11
the motion of the objecting parent, use the following factors:
1. The factors under s. 767.41 (5).
2. A presumption against transferring legal custody or the residence of the 14
child to a parent who the court determines has significantly failed to exercise 15
court-ordered physical placement.
3. A presumption that the court should approve the plan of the parent 17
proposing the relocation if the court determines that the parent's relocation is related 18
to abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 813.122 (1) (b); 19
a pattern or serious incident of interspousal battery, as described under s. 940.19 or 20
940.20 (1m); or a pattern or serious incident of domestic abuse, as defined in s. 813.12 21
(d) The court shall decide all contested relocation motions and all related 23
motions for modification of legal custody or physical placement in the best interest 24
of the child. The movant bears the burden of proof in a contested relocation motion 25
or a related motion for modification of legal custody or physical placement except in
cases involving a presumption under par. (b) 2. or 3. or (c) 2. or 3. In cases involving 2
a presumption under par. (b) 2. or 3. or (c) 2. or 3., the parent objecting to the 3
relocation shall have the burden of proof in demonstrating the proposed relocation 4
is not in the child's best interest.
(e) If the objecting parent files a responsive motion that seeks a substantial 6
change in physical placement or a change in legal custody, and the parent proposing 7
the relocation withdraws or otherwise fails to pursue his or her relocation motion or 8
the court does not allow the relocation, the court shall proceed on the objecting 9
parent's responsive motion under s. 767.451.
. At any time after a motion is filed under sub. (1), if the parties 11
agree that one parent may relocate more than 100 miles away from the other parent, 12
the parties may file a stipulation with the court that specifies that neither parent has 13
any objection to the planned relocation and that sets out any agreed upon 14
modification to legal custody or periods of physical placement, including 15
responsibility and costs for transportation of the child between the parties under a 16
proposed new placement schedule. The court shall incorporate the terms of the 17
stipulation into an order for the relocation or a revised order of legal custody or 18
physical placement, as appropriate, unless the court finds that the modification is 19
not in the best interest of the child.
20(6) Other notice required for removals
. Except as otherwise provided in an 21
order or judgment allocating periods of physical placement with a child, a person who 22
has legal custody of and periods of physical placement with the child shall notify any 23
other person who has periods of physical placement with the child before removing 24
the child from the child's residence for a period of more than 14 consecutive days.
. (a) The requirements and procedures under this section 2
apply to relocations with or removals of a child in any of the following cases:
1. Cases that are originally commenced on or after the effective date of this 4
subdivision .... [LRB inserts date].
2. Cases that were originally commenced before the effective date of this 6
subdivision .... [LRB inserts date], but in which a legal custody or physical placement 7
order is modified on or after the effective date of this subdivision .... [LRB inserts 8
(b) Except as provided in par. (a) 2., the requirements and procedures under 10
s. 767.481, 2015 stats., apply to moves with or removals of a child in cases that were 11
originally commenced before the effective date of this paragraph .... [LRB inserts 12
767.805 (4) (am) of the statutes is created to read:
(am) The information set forth in s. 767.41 (6) (h).
767.89 (3) (bm) of the statutes is created to read:
(bm) The information set forth in s. 767.41 (6) (h).
767.89 (6) of the statutes is amended to read:
767.89 (6) Other applicable provisions.
Sections 767.41, 767.43, 767.451, 19767.481,
767.57, 767.58, 767.59, 767.71, 767.75, 767.76, 767.77, and 767.78, where 20
applicable, apply to a judgment or order under this section.
(1) Information in orders regarding relocations.
The treatment of sections 23
767.41 (4) (d) and (6) (h), 767.805 (4) (am), and 767.89 (3) (bm) of the statutes first 24
applies to judgments or orders for legal custody of and physical placement with a 25
child that are granted in actions affecting the family, including actions to modify
judgments or orders previously granted, that are commenced on the effective date 2
of this subsection.
(2) Motions to relocate with a child.
The treatment of sections 767.001 (1) 4
(k) and 767.225 (1) (bm) of the statutes first applies to motions to relocate with a child 5
that are filed in any of the following:
(a) Cases originally commenced on the effective date of this paragraph.
(b) Cases in which legal custody or physical placement is modified on the 8
effective date of this paragraph.
(3) Prohibited acts during the pendency of an action.
The treatment of 10
sections 767.117 (1) (c) and 767.215 (2) (j) 1. of the statutes first applies to actions 11
affecting the family, excluding actions for maintenance payments or property 12
division, but including actions to modify judgments or orders previously granted, 13
that are commenced on the effective date of this subsection.