(1) A court of this state shall treat a foreign country as if it were a state for the purpose of applying this subchapter and subch. II.
822.05.International application.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.05 treats a foreign country like a state for jurisdiction purposes and requires a Wisconsin court to recognize a foreign custody determination made under standards substantially like the chapter’s own, unless that country’s child custody law violates fundamental human rights principles.
Full Text of Section 822.05
(2) Except as provided in sub. (3), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under subch. III.
(3) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
Plain-English Summary
Section 822.05 extends chapter 822’s cooperative framework across international borders. Subsection (1) requires a Wisconsin court to treat a foreign country as if it were a state for purposes of applying subchapter I, where this section sits, and subchapter II, the jurisdiction rules. A custody case connected to a foreign country gets analyzed the same way a case connected to another U.S. state would.
Subsection (2) carries that treatment into enforcement: a custody determination made in a foreign country under facts in substantial conformity with chapter 822’s jurisdictional standards must be recognized and enforced under subchapter III, the same duty that applies to determinations from other states and, under section 822.04, from tribes.
Subsection (3) supplies the one exception. A Wisconsin court need not apply chapter 822 if the child custody law of the foreign country violates fundamental principles of human rights. That gives the court a discretionary way to decline the chapter’s usual recognition and enforcement duty when the foreign legal system producing the determination falls short of that baseline.
Frequently Asked Questions
Does Wisconsin treat a foreign country as if it were a U.S. state for custody jurisdiction purposes?
Yes. Section 822.05(1) requires a Wisconsin court to treat a foreign country as if it were a state when applying subchapter I and subchapter II.
Will a Wisconsin court enforce a custody order issued by a court in another country?
Generally yes, if the determination was made under facts in substantial conformity with chapter 822’s jurisdictional standards. Section 822.05(2) requires recognition and enforcement under subchapter III, subject to the exception in subsection (3).
Can a Wisconsin court refuse to apply chapter 822 to a custody matter connected to another country?
Yes. Section 822.05(3) says a court need not apply the chapter if the foreign country’s child custody law violates fundamental principles of human rights.
What does substantial conformity mean in this context?
It means the foreign determination was made under factual circumstances that match chapter 822’s jurisdictional standards, even though the foreign court was not applying Wisconsin’s statute directly.
Is section 822.05’s treatment of foreign countries similar to how section 822.04 treats tribes?
Yes, the two sections follow the same pattern: treat the other jurisdiction as a state for jurisdiction purposes, and recognize its custody determinations when made in substantial conformity with the chapter’s jurisdictional standards.
Amendment History
History: 2005 a. 130.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin uccjea foreign country custody orderinternational child custody recognition wisconsinwis stat 822.05human rights exception foreign custody wisconsin