2021 - 2022 LEGISLATURE
February 18, 2021 - Introduced by Representatives Brooks, Brandtjen, Murphy,
Mursau, Tusler and Wichgers, cosponsored by Senators Jacque and
Ballweg. Referred to Committee on Family Law.
AB101,1,4
1An Act to repeal 767.41 (1m) (g) and 767.41 (1m) (n);
to amend 767.405 (8) (c)
2and 767.41 (1m) (intro.); and
to create 767.405 (8) (d) and 767.41 (1m) (cm) of
3the statutes;
relating to: proposed parenting plans in certain actions affecting
4the family.
Analysis by the Legislative Reference Bureau
This bill makes changes to procedures relating to submission of parenting plans
in certain actions affecting the family.
Under current law, in any action affecting the family in which legal custody or
physical placement is contested, the parties are required to attend at least one
session of mediation, unless a court finds that attending mediation will cause undue
hardship or would endanger the health or safety of one of the parties and waives the
mediation requirement. If after the initial session the mediator notifies the court
that no agreement has been reached, or if mediation has been waived, the parties
must each file a parenting plan with the court within 60 days.
The bill requires parties who are directed to participate in an initial mediation
session to submit their proposed parenting plans to family court services or the
assigned mediator at least 10 days before the initial mediation session. The parties
may, but are not required to, exchange proposed parenting plans before the initial
mediation session. Proposed parenting plans may be submitted and exchanged
electronically. The bill maintains the requirement for the parties to each file a
parenting plan with the court if no agreement is reached in mediation or if mediation
was waived.
Under current law, a parenting plan must provide certain information,
including what legal custody or physical placement the parent is seeking, where the
parent lives currently and intends to live during the next two years, where the parent
works and the hours of employment, who will provide necessary child care and who
will pay for it, a proposed summer and holiday placement schedule, whether and how
the child may contact the other parent, what child support, family support,
maintenance, or other income transfer there will be, and how the child's medical
expenses will be paid. The bill removes any requirement to include information about
what child support, family support, maintenance, or other income transfer there will
be, or how the child's medical expenses will be paid, but adds a requirement that
proposed parenting plans include, with specific detail, what proposed variable costs
are expected to be incurred by or on behalf of the child.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB101,1
1Section 1
. 767.405 (8) (c) of the statutes is amended to read:
AB101,2,72
767.405
(8) (c) The initial session under par. (a) shall be a screening and
3evaluation mediation session to determine whether mediation is appropriate and
4whether both parties wish to continue in mediation. At the initial session, the
5mediator shall
review discuss with
each of the parties
the nonfinancial provisions 6that must be information included in
the proposed parenting
plan plans under s.
7767.41 (1m).
AB101,2
8Section 2
. 767.405 (8) (d) of the statutes is created to read:
AB101,2,159
767.405
(8) (d) At least 10 days before the initial mediation session, each party
10shall submit a proposed parenting plan containing all the information required
11under s. 767.41 (1m) to the director of family court services for the county in which
12the action is pending or the assigned mediator. The parties may exchange proposed
13parenting plans before the initial mediation session. For purposes of the exchange
14and submission under this paragraph, a party may provide a copy of the party's
15proposed parenting plan electronically.
AB101,3
1Section
3. 767.41 (1m) (intro.) of the statutes is amended to read:
AB101,3,162
767.41
(1m) Parenting plan. (intro.) Unless the court orders otherwise, in an
3action for annulment, divorce, or legal separation, an action to determine paternity,
4or an action under s. 767.001 (1) (e), 767.501, 767.804 (2), or 767.805 (3), in which
5legal custody or physical placement is contested, a party seeking sole or joint legal
6custody or periods of physical placement shall file a
proposed parenting plan with the
7court if the court waives the requirement to attend mediation under s. 767.405 (8)
8(b) or if the parties
attend have attended mediation and the mediator notifies the
9court under s. 767.405 (12) (b) that the parties have not reached an agreement.
10Unless the court orders otherwise, the
proposed parenting plan shall be filed within
1160 days after the court waives the mediation requirement or the mediator notifies
12the court that no agreement has been reached. Except for cause shown, a party
13required to file a
proposed parenting plan under this subsection who does not timely
14file a
proposed parenting plan waives the right to object to the other party's parenting
15plan. A
proposed parenting plan shall provide information about the following
16questions:
AB101,3
17Section 3. 767.41 (1m) (cm) of the statutes is created to read:
AB101,3,1918
767.41
(1m) (cm) With specific detail, what proposed variable costs are
19expected to be incurred by or on behalf of the child.
AB101,4
20Section 4
. 767.41 (1m) (g) of the statutes is repealed.
AB101,5
21Section 5
. 767.41 (1m) (n) of the statutes is repealed.
AB101,6
22Section 6
.
Initial applicability.
AB101,3,2323
(1)
This act first applies to actions filed on the effective date of this subsection.