767.471.Enforcement of physical placement orders.

Subch. V: Child Custody, Placement, and Visitation · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.471 gives a parent whose placement has been denied or interfered with a motion for remedies, heard within 30 days, with an injunction available and a Class I felony for violating it.

Full Text of Section 767.471

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(1) DEFINITIONS. In this section:

(a) “Moving party” means the parent filing a motion under this section, regardless of whether that parent was the petitioner in the action in which periods of physical placement were awarded under s. 767.41.

(b) “Responding party” means the parent upon whom a motion under this section is served, regardless of whether that parent was the respondent in the action in which periods of physical placement were awarded under s. 767.41.

(2) WHO MAY FILE. A parent who has been awarded periods of physical placement under s. 767.41 may file a motion under sub. (3) if any of the following applies:

(a) The parent has had one or more periods of physical placement denied by the other parent.

(b) The parent has had one or more periods of physical placement substantially interfered with by the other parent.

(c) The parent has incurred a financial loss or expenses as a result of the other parent’s intentional failure to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement.

(3) MOTION.

(a) The motion shall allege facts sufficient to show the following:

1. The name of the moving party and that the moving party has been awarded periods of physical placement.

2. The name of the responding party.

3. That one or more of the criteria in sub. (2) apply.

(b) The motion shall request the imposition of a remedy or any combination of remedies under sub. (5) (b) and (c). This paragraph does not prohibit a court from imposing a remedy under sub. (5) (b) or (c) if the remedy was not requested in the motion.

(d) The motion shall be filed under the principal action under which the periods of physical placement were awarded.

(e) A motion under this section is a motion for remedial sanction for purposes of s. 785.03 (1) (a).

(4) SERVICE ON RESPONDING PARTY; RESPONSE. Upon the filing of a motion under sub. (3), the moving party shall serve a copy of the motion upon the responding party by personal service in the same manner as a summons is served under s. 801.11. The responding party may respond to the motion either in writing before or at the hearing under sub. (5) (a) or orally at that hearing.

(5) HEARING; REMEDIES.

(a) The court shall hold a hearing on the motion no later than 30 days after the motion has been served, unless the time is extended by mutual agreement of the parties or upon the motion of a guardian ad litem and the approval of the court. The court may, on its own motion or the motion of any party, order that a guardian ad litem be appointed for the child prior to the hearing.

(b) If at the conclusion of the hearing the court finds that the responding party has intentionally and unreasonably denied the moving party one or more periods of physical placement or that the responding party has intentionally and unreasonably interfered with one or more of the moving party’s periods of physical placement, the court:

1. Shall do all of the following:

a. Issue an order granting additional periods of physical placement to replace those denied or interfered with.

b. Award the moving party a reasonable amount for the cost of maintaining an action under this section and for attorney fees.

2. May do one or more of the following:

a. If the underlying order or judgment relating to periods of physical placement does not provide for specific times for the exercise of periods of physical placement, issue an order specifying the times for the exercise of periods of physical placement.

b. Find the responding party in contempt of court under ch. 785.

c. Grant an injunction ordering the responding party to strictly comply with the judgment or order relating to the award of physical placement. In determining whether to issue an injunction, the court shall consider whether alternative remedies requested by the moving party would be as effective in obtaining compliance with the order or judgment relating to physical placement.

(c) If at the conclusion of the hearing the court finds that the moving party has incurred a financial loss or expenses as a result of the responding party’s failure, intentionally and unreasonably and without adequate notice to the moving party, to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement, the court may issue an order requiring the responding party to pay to the moving party a sum of money sufficient to compensate the moving party for the financial loss or expenses.

(d) Except as provided in par. (b) 1. a. and 2. a., the court may not modify an order of legal custody or physical placement in an action under this section.

(e) An injunction issued under par. (b) 2. c. is effective according to its terms for the period of time that the moving party requests, but not more than 2 years.

(6) ENFORCEMENT ASSISTANCE.

(a) If an injunction is issued under sub. (5) (b) 2. c., upon request by the moving party the court shall order the sheriff to assist the moving party in executing or serving the injunction.

(b) Within 24 hours after a request by the moving party, the clerk of the circuit court shall send a copy of an injunction issued under sub. (5) (b) 2. c. to the sheriff or to any other local law enforcement agency that is the central repository for orders and that has jurisdiction over the responding party’s residence. If the responding party does not reside in this state, the clerk shall send a copy of the injunction to the sheriff of the county in which the circuit court is located.

(c) The sheriff or other appropriate local law enforcement agency under par. (b) shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any injunction issued under sub. (5) (b) 2. c. The information need not be maintained after the injunction is no longer in effect.

(8) PENALTY. Whoever intentionally violates an injunction issued under sub. (5) (b) 2. c. is guilty of a Class I felony.

End

Official Notes

Wisconsin prints certain labelled notes with the statute — effective-date notes, cross-references, and notes of the Judicial Council. They are reproduced verbatim below. The unlabelled digest of court decisions that the Legislative Reference Bureau prints after them is annotation rather than statute, and is not reproduced.

NOTE: 2005 Wis. Act 443 contains explanatory notes.

Amendment History

Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.

History: 1999 a. 9; 2001 a. 61, 109; 2005 a. 443 s. 100; Stats. 2005 s. 767.471.

Plain-English Summary

A placement order that is ignored is worth nothing, and this section is the enforcement route. A parent awarded periods of physical placement may move where they have had one or more periods denied by the other parent, or substantially interfered with, or where they have incurred a financial loss or expense because the other parent intentionally failed to exercise placement.

The motion must allege the facts the section lists and request a remedy or combination of remedies. Two provisions make it accessible: a court must accept any legible motion for an order under this section, and the motion is filed under the principal action in which placement was awarded. It counts as a motion for remedial sanction for contempt purposes. It is served personally on the responding party.

The hearing. The court must hold it no later than 30 days after the motion has been served, unless the parties agree to extend the time or the court extends it on motion. If the court finds the responding party intentionally and unreasonably denied or interfered with placement, the remedies in the section follow; if it finds the moving party suffered financial loss or expense, the corresponding remedies follow. The court may not use this section to modify custody or placement except as the two narrow provisions allow.

Teeth. Where an injunction is issued the court must, on request, order the sheriff to help execute or serve it; within 24 hours of a request the clerk sends a copy to the sheriff or other appropriate agency, which makes it available to other law enforcement agencies. Intentionally violating such an injunction is a Class I felony.

Frequently Asked Questions

What can I do if my ex denies my placement time in Wisconsin?

File a motion under this section. You may do so if you have had one or more periods of placement denied or substantially interfered with, or if you incurred a financial loss or expense because the other parent intentionally failed to exercise placement.

How quickly is the hearing held?

No later than 30 days after the motion has been served, unless the time is extended by mutual agreement or on the court's ruling.

Do I need a lawyer to draft the motion?

The section says a court shall accept any legible motion for an order under it, which is deliberately a low bar.

What happens if the injunction is violated?

Whoever intentionally violates an injunction issued under this section is guilty of a Class I felony.

Can this motion change custody?

Generally no. The court may not modify an order of legal custody or physical placement under this section except as the two narrow provisions it names allow.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.471), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: enforce placement order Wisconsindenied visitation remedy Wisconsin30 day hearing placement enforcementClass I felony injunction placement