(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
822.24.Temporary emergency jurisdiction.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.24 lets a Wisconsin court take emergency jurisdiction over a child who is physically present in the state and has been abandoned or faces a threat of mistreatment or abuse, with the resulting order lasting only until a court with real jurisdiction elsewhere weighs in, or becoming final if no other state ever asserts jurisdiction and Wisconsin becomes the child’s home state.
Full Text of Section 822.24
(2) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under ss. 822.21 to 822.23, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under ss. 822.21 to 822.23. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under ss. 822.21 to 822.23, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(3) If a previous child custody determination is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under ss. 822.21 to 822.23, any order issued by a court of this state under this section shall specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under ss. 822.21 to 822.23. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or until the period expires.
(4) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or that a child custody determination has been made by, a court of a state having jurisdiction under ss. 822.21 to 822.23, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction under ss. 822.21 to 822.23, upon being informed that a child custody proceeding has been commenced in, or that a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Plain-English Summary
Section 822.24 gives a Wisconsin court a way to protect a child quickly, even without the jurisdiction sections 822.21 through 822.23 otherwise require. Subsection (1) sets the trigger: the child must be physically present in Wisconsin, and either the child has been abandoned, or an emergency requires protecting the child, or a sibling or parent, from mistreatment or abuse that is happening or threatened.
What happens next depends on whether another state is already involved. Under subsection (2), if there is no prior determination entitled to enforcement and no custody proceeding pending in a state with jurisdiction under sections 822.21 through 822.23, the emergency order stays in effect until an order is obtained from a court in a state that does have that jurisdiction. If no such proceeding is ever commenced, the emergency determination can become final if the order says so and Wisconsin becomes the child’s home state.
Under subsection (3), if a prior determination is entitled to enforcement, or a proceeding is already pending in a properly jurisdictional state, the Wisconsin order must specify a period the court considers adequate for the person seeking the order to obtain one from that other state. The Wisconsin order remains in effect until that happens or until the specified period expires.
Subsection (4) requires prompt court-to-court communication once the Wisconsin court learns of a competing proceeding or determination elsewhere, and it imposes the same duty on a court exercising ordinary jurisdiction under sections 822.21 through 822.23 that learns of an emergency proceeding in another state. Either way, the courts must communicate to resolve the emergency, protect the safety of the parties and the child, and set the duration of the temporary order.
Frequently Asked Questions
When can a Wisconsin court take emergency jurisdiction over a child’s custody?
Section 822.24(1) requires the child to be physically present in Wisconsin and either abandoned, or facing an emergency need for protection because the child, a sibling, or a parent is subjected to or threatened with mistreatment or abuse.
Does a Wisconsin emergency custody order last forever?
Generally not. Section 822.24(2) and (3) tie the order’s duration to whether another state has, or comes to have, jurisdiction under sections 822.21 through 822.23, though subsection (2) allows the order to become final in narrow circumstances.
Can a Wisconsin emergency order ever become the final, permanent custody order?
Yes. Section 822.24(2) allows that if no custody proceeding is ever commenced in a properly jurisdictional state and Wisconsin becomes the child’s home state, provided the order so provides.
What happens if another state already has a custody order or a pending case when Wisconsin takes emergency jurisdiction?
Section 822.24(3) requires the Wisconsin order to specify a period considered adequate for the person seeking it to get an order from the properly jurisdictional state, and the Wisconsin order remains in effect only until that happens or the period expires.
What must a Wisconsin court do once it learns of a competing custody proceeding elsewhere?
Section 822.24(4) requires it to immediately communicate with the other court to resolve the emergency, protect the safety of the parties and the child, and determine how long the temporary order should last.
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 emergency custody jurisdictiontemporary emergency custody order wisconsinwis stat 822.24abandoned child abuse custody jurisdiction wisconsin