(1) In this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
822.10.Communication between courts.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.10 lets a Wisconsin court communicate directly with a court in another state about a chapter 822 case, allowing parties to join routine scheduling calls without a record but requiring a record, prompt notice, and access for the parties whenever the communication goes beyond routine matters.
Full Text of Section 822.10
(2) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
(3) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they shall be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(4) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(5) Except as provided in sub. (4), a record shall be made of a communication under this section. The parties shall be informed promptly of the communication and granted access to the record.
Plain-English Summary
Section 822.10 authorizes and structures direct communication between courts handling a chapter 822 case. Subsection (1) defines record as information inscribed on a tangible medium or stored electronically and retrievable in perceivable form, a definition that matters for what follows. Subsection (2) authorizes a Wisconsin court to communicate with a court in another state about a proceeding arising under the chapter.
Subsection (3) lets the court allow the parties to participate in that communication. If they are not able to participate, they must still be given the opportunity to present facts and legal arguments before any decision on jurisdiction is made.
Subsections (4) and (5) draw a line between routine and non-routine communication. Communication about schedules, calendars, court records, and similar matters can happen without informing the parties, and no record needs to be made of it. Every other communication under this section requires a record, and the parties must be informed promptly and given access to it.
This structure balances efficiency against transparency: judges can coordinate quickly on housekeeping matters, but any communication that could bear on the substance of the case is documented and shared with the people whose custody rights are at stake, consistent with the cooperative approach section 822.01 identifies as one of the chapter’s purposes.
Frequently Asked Questions
Can a Wisconsin judge talk directly to a judge in another state about a custody case?
Yes. Section 822.10(2) authorizes a Wisconsin court to communicate with a court in another state about a proceeding arising under chapter 822.
Do the parties get to listen in on court-to-court communications under this section?
The court may allow them to participate. If they cannot participate, section 822.10(3) still requires that they be given the chance to present facts and legal arguments before a jurisdiction decision is made.
Does every communication between courts under this section have to be recorded?
No. Section 822.10(4) exempts communication about schedules, calendars, court records, and similar matters, which can occur without a record and without informing the parties.
What must happen for communications that go beyond routine scheduling matters?
Section 822.10(5) requires a record of the communication, and it requires the parties to be informed promptly and granted access to that record.
Does section 822.10 itself decide who has jurisdiction over the case?
No. It is a procedural tool for court-to-court cooperation that can feed into jurisdiction decisions made under other sections in subchapter II.
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 judges communicating across states custody casecourt to court communication uccjea wisconsinwis stat 822.10record of judicial communication child custody wisconsin