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AB551,6,2525 4. Set the matter for a further hearing to be held within 60 days.
AB551,7,6
1(3) Relocation pending final hearing. (a) At the initial hearing, or at any time
2after the initial hearing but before the final hearing, the court may issue a temporary
3order under s. 767.225 (1) (bm) to allow the parent proposing the relocation to
4relocate with the child if the court finds that the relocation is in the child's immediate
5best interest. The court shall inform the parties, however, that approval of the
6relocation is subject to revision at the final hearing.
AB551,7,137 (b) If a court commissioner makes a determination, order, or ruling regarding
8relocation pending the final hearing under par. (a), either party may seek a review
9by hearing de novo under s. 757.69 (8). The motion requesting the de novo hearing
10must be filed with the court within 10 days after the court commissioner orally issues
11the determination, order, or ruling. The judge shall hold the de novo hearing within
1230 days after the motion requesting the de novo hearing is filed, unless the court finds
13good cause for an extension.
AB551,7,15 14(4) Standards for deciding relocation motions. At the final hearing, the court
15shall decide the matter as follows:
AB551,7,2016 (a) If the proposed relocation only minimally changes or affects the current
17placement schedule or does not affect or change the current placement schedule, the
18court shall approve the proposed relocation, set a new placement schedule if
19appropriate, and allocate the costs of and responsibility for transportation of the
20child between the parties under the new placement schedule.
AB551,7,2321 (b) In cases other than that specified in par. (a), the court shall, in determining
22whether to approve the proposed relocation and a new placement schedule, use the
23following factors:
AB551,7,2424 1. The factors under s. 767.41 (5).
AB551,8,3
12. A presumption that the court should approve the plan of the parent
2proposing the relocation if the court determines that the objecting parent has not
3significantly exercised court-ordered physical placement.
AB551,8,84 3. A presumption that the court should approve the relocation plan if the court
5determines 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
7interspousal battery, as described under s. 940.19 or 940.20 (1m); or a pattern or
8serious incident of domestic abuse, as defined in s. 813.12 (1) (am).
AB551,8,119 (c) If the objecting parent files a responsive motion that seeks a substantial
10change in physical placement or a change in legal custody, the court shall, in deciding
11the motion of the objecting parent, use the following factors:
AB551,8,1212 1. The factors under s. 767.41 (5).
AB551,8,1513 2. A presumption against transferring legal custody or the residence of the
14child to a parent who the court determines has significantly failed to exercise
15court-ordered physical placement.
AB551,8,2116 3. A presumption that the court should approve the plan of the parent
17proposing the relocation if the court determines that the parent's relocation is related
18to abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 813.122 (1) (b);
19a pattern or serious incident of interspousal battery, as described under s. 940.19 or
20940.20 (1m); or a pattern or serious incident of domestic abuse, as defined in s. 813.12
21(1) (am).
AB551,9,422 (d) The court shall decide all contested relocation motions and all related
23motions for modification of legal custody or physical placement in the best interest
24of the child. The movant bears the burden of proof in a contested relocation motion
25or a related motion for modification of legal custody or physical placement except in

1cases involving a presumption under par. (b) 2. or 3. or (c) 2. or 3. In cases involving
2a presumption under par. (b) 2. or 3. or (c) 2. or 3., the parent objecting to the
3relocation shall have the burden of proof in demonstrating the proposed relocation
4is not in the child's best interest.
AB551,9,95 (e) If the objecting parent files a responsive motion that seeks a substantial
6change in physical placement or a change in legal custody, and the parent proposing
7the relocation withdraws or otherwise fails to pursue his or her relocation motion or
8the court does not allow the relocation, the court shall proceed on the objecting
9parent's responsive motion under s. 767.451.
AB551,9,19 10(5) Stipulations. At any time after a motion is filed under sub. (1), if the parties
11agree that one parent may relocate more than 100 miles away from the other parent,
12the parties may file a stipulation with the court that specifies that neither parent has
13any objection to the planned relocation and that sets out any agreed upon
14modification to legal custody or periods of physical placement, including
15responsibility and costs for transportation of the child between the parties under a
16proposed new placement schedule. The court shall incorporate the terms of the
17stipulation into an order for the relocation or a revised order of legal custody or
18physical placement, as appropriate, unless the court finds that the modification is
19not in the best interest of the child.
AB551,9,24 20(6) Other notice required for removals. Except as otherwise provided in an
21order or judgment allocating periods of physical placement with a child, a person who
22has legal custody of and periods of physical placement with the child shall notify any
23other person who has periods of physical placement with the child before removing
24the child from the child's residence for a period of more than 14 consecutive days.
AB551,10,2
1(7) Applicability. (a) The requirements and procedures under this section
2apply to relocations with or removals of a child in any of the following cases:
AB551,10,43 1. Cases that are originally commenced on or after the effective date of this
4subdivision .... [LRB inserts date].
AB551,10,85 2. Cases that were originally commenced before the effective date of this
6subdivision .... [LRB inserts date], but in which a legal custody or physical placement
7order is modified on or after the effective date of this subdivision .... [LRB inserts
8date].
AB551,10,129 (b) Except as provided in par. (a) 2., the requirements and procedures under
10s. 767.481, 2015 stats., apply to moves with or removals of a child in cases that were
11originally commenced before the effective date of this paragraph .... [LRB inserts
12date].
AB551,9 13Section 9. 767.805 (4) (am) of the statutes is created to read:
AB551,10,1414 767.805 (4) (am) The information set forth in s. 767.41 (6) (h).
AB551,10 15Section 10. 767.89 (3) (bm) of the statutes is created to read:
AB551,10,1616 767.89 (3) (bm) The information set forth in s. 767.41 (6) (h).
AB551,11 17Section 11. 767.89 (6) of the statutes is amended to read:
AB551,10,2018 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
20applicable, apply to a judgment or order under this section.
AB551,12 21Section 12. Initial applicability.
AB551,11,222 (1) Information in orders regarding relocations. The treatment of sections
23767.41 (4) (d) and (6) (h), 767.805 (4) (am), and 767.89 (3) (bm) of the statutes first
24applies to judgments or orders for legal custody of and physical placement with a
25child that are granted in actions affecting the family, including actions to modify

1judgments or orders previously granted, that are commenced on the effective date
2of this subsection.
AB551,11,53 (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
5that are filed in any of the following:
AB551,11,66 (a) Cases originally commenced on the effective date of this paragraph.
AB551,11,87 (b) Cases in which legal custody or physical placement is modified on the
8effective date of this paragraph.
AB551,11,139 (3) Prohibited acts during the pendency of an action. The treatment of
10sections 767.117 (1) (c) and 767.215 (2) (j) 1. of the statutes first applies to actions
11affecting the family, excluding actions for maintenance payments or property
12division, but including actions to modify judgments or orders previously granted,
13that are commenced on the effective date of this subsection.
AB551,11,1414 (End)
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