822.12.Cooperation between courts; preservation of records.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.12 lets a Wisconsin court ask, or be asked by, another state’s court to hold hearings, order evidence, or evaluate custody, lets it assess travel and related expenses against the parties, and requires it to preserve custody-case records until the child turns 18 and forward certified copies on request.
(1)A court of this state may request the appropriate court of another state to do any of the following:
(a)Hold an evidentiary hearing. (b) Order a person to produce or give evidence under procedures of that state. (c) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding. (d) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request. (e) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(2)Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in sub. (1).
(3)Travel and other necessary and reasonable expenses incurred under subs. (1) and (2) may be assessed against the parties according to the law of this state.
(4)A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Plain-English Summary
Section 822.12 builds a two-way channel of cooperation between courts handling custody matters. Subsection (1) lists what a Wisconsin court may ask a court in another state to do: hold an evidentiary hearing, order a person to produce or give evidence under that state’s procedures, order an evaluation of the child’s custody situation, forward a certified copy of the hearing transcript, other evidence, and any evaluation, or order a party or someone with physical custody to appear with or without the child.
Subsection (2) makes that cooperation reciprocal: on a request from another state’s court, a Wisconsin court may hold a hearing or enter an order of the same kind. Subsection (3) allows the travel and other necessary and reasonable expenses generated by these requests to be assessed against the parties according to Wisconsin law.
Subsection (4) imposes a preservation duty. A Wisconsin court must keep the pleadings, orders, decrees, hearing records, evaluations, and other pertinent records from a custody proceeding until the child turns 18. Upon an appropriate request from a court or law enforcement official of another state, the court must forward a certified copy of those records.
Frequently Asked Questions
What kinds of help can a Wisconsin court ask another state’s court to provide in a custody case?
Section 822.12(1) lists an evidentiary hearing, an order to produce or give evidence, an evaluation of the child’s custody situation, a certified transcript or evaluation, and an order requiring a party or custodian to appear with or without the child.
Will a Wisconsin court grant the same kind of requests when another state asks?
Yes. Section 822.12(2) makes the cooperation reciprocal, letting a Wisconsin court hold a hearing or enter an order described in subsection (1) at another state’s request.
Who pays for travel and other expenses tied to these cross-state requests?
Section 822.12(3) allows those expenses to be assessed against the parties according to Wisconsin law.
How long must Wisconsin courts keep records from a child custody proceeding?
Section 822.12(4) requires preservation of pleadings, orders, decrees, hearing records, evaluations, and other pertinent records until the child turns 18.
Can another state’s law enforcement agency get a copy of Wisconsin’s custody case records?
Yes. Section 822.12(4) requires the court to forward a certified copy of the records upon an appropriate request from a court or law enforcement official of another state.
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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