(1) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
822.09.Appearance and limited immunity.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.09 shields a person from being drawn into unrelated Wisconsin litigation just for taking part in a custody case, but that limited immunity does not block service of process otherwise available and does not cover unrelated conduct while the person is physically present in the state.
Full Text of Section 822.09
(2) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(3) The immunity granted by sub. (1) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.
Plain-English Summary
Section 822.09 addresses a practical worry: will showing up for a custody case in Wisconsin expose someone to being sued there for something else entirely? Subsection (1) says no, within limits. A party to a custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a custody determination, does not become subject to personal jurisdiction in Wisconsin for another proceeding or purpose solely because they participated, or were physically present to participate, in the custody case.
Subsection (2) narrows that protection in two directions. A person already subject to Wisconsin’s personal jurisdiction on some other basis is not immune from service of process here. And a person present in Wisconsin who is subject to another state’s jurisdiction is not immune from service allowed under that state’s law while they are in Wisconsin.
Subsection (3) draws a further line: the immunity in subsection (1) does not extend to civil litigation based on acts an individual commits while present in Wisconsin that are unrelated to their participation in the chapter 822 proceeding. Showing up for a custody hearing does not insulate a person from liability for something they do while they are here.
Frequently Asked Questions
If I travel to Wisconsin to attend a custody hearing, can I be sued there for something unrelated just because I showed up?
Section 822.09(1) protects against personal jurisdiction over unrelated matters based solely on your participation or presence for the custody case, but that protection does not cover unrelated acts you commit while physically present, which subsection (3) excludes.
Does this immunity protect me from being served with papers in an unrelated case while I’m in Wisconsin?
Not entirely. Section 822.09(2) says a person already subject to Wisconsin jurisdiction on another basis is not immune from service here, and a person subject to another state’s jurisdiction is not immune from service allowed under that state’s law.
Does the immunity cover something I did while physically in Wisconsin that has nothing to do with the custody case?
No. Section 822.09(3) states the immunity does not extend to civil litigation based on acts unrelated to the custody proceeding that were committed by an individual while present in Wisconsin.
Does participating in a custody enforcement or registration proceeding qualify for this immunity too?
Yes. Section 822.09(1) covers a petitioner or respondent in a proceeding to enforce or register a child custody determination, not just a party to the original custody case.
Can I still be served under another state’s law while I’m physically present in Wisconsin?
Yes, if you are subject to that other state’s jurisdiction and its law allows the service. Section 822.09(2) says presence in Wisconsin does not create immunity from that kind of service.
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
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