(1) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
822.295.Appearance of parties and child.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.295 lets a Wisconsin court order a party, or anyone with physical custody of the child, to appear in person with or without the child, warns an out-of-state party that failing to appear as directed can lead to an adverse decision, and lets the court shift travel expenses and enter safety orders.
Full Text of Section 822.295
(2) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given under s. 822.08 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(3) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(4) If a party to a child custody proceeding who is outside this state is directed to appear under sub. (2) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
Plain-English Summary
Section 822.295 gives a Wisconsin court authority to require people connected to a custody proceeding to appear in person. Subsection (1) lets the court order a party who is in Wisconsin to appear before it in person, with or without the child, and it lets the court order anyone in Wisconsin who has physical custody or control of the child to appear in person with the child.
Subsection (2) addresses a party who is outside Wisconsin but whose presence the court wants: the notice required under section 822.08 can direct that party to appear in person, with or without the child, and can warn that failing to appear may result in a decision adverse to that party.
Subsection (3) lets the court enter any orders necessary to ensure the safety of the child and of anyone ordered to appear under this section. Subsection (4) addresses cost: if an out-of-state party is directed to appear under subsection (2), or wants to appear voluntarily with or without the child, the court may require another party to pay that person’s, and the child’s, reasonable and necessary travel and other expenses.
Frequently Asked Questions
Can a Wisconsin court order a parent to bring the child to a hearing?
Yes. Section 822.295(1) lets the court order a party in Wisconsin to appear in person with or without the child, and order anyone with physical custody or control of the child to appear in person with the child.
What if the party the court wants at the hearing lives out of state?
Section 822.295(2) lets the notice given under section 822.08 direct that party to appear in person, with or without the child, and warn that failing to appear may result in an adverse decision.
What happens if an out-of-state party ordered to appear doesn’t show up?
Section 822.295(2) says the notice may inform the party that failure to appear may result in a decision adverse to that party.
Can the court require the other party to pay for travel costs of the appearing parent and child?
Yes. Section 822.295(4) lets the court require another party to pay reasonable and necessary travel and other expenses of the appearing party and the child.
Can the court enter safety orders for someone required to appear?
Yes. Section 822.295(3) lets the court enter any orders necessary to ensure the safety of the child and of any person ordered to appear.
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 court order parent appear in person custody caseout of state parent appearance custody hearing wisconsinwis stat 822.295travel expenses custody hearing wisconsin