(1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
822.33.Duty to enforce.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.33 requires a Wisconsin court to recognize and enforce another state’s unmodified custody determination when that state exercised jurisdiction consistent with chapter 822’s standards, and lets Wisconsin use any other enforcement remedy available under its own law on top of the subchapter’s own tools.
Full Text of Section 822.33
(2) A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination
Plain-English Summary
Section 822.33 states the core enforcement obligation of subchapter III. Subsection (1) requires a Wisconsin court to recognize and enforce a custody determination made by a court in another state if that court exercised jurisdiction in substantial conformity with chapter 822, or if the determination was made under facts meeting the chapter’s jurisdictional standards, so long as the determination has not since been modified in accordance with the chapter.
Subsection (2) makes clear that the specific enforcement tools in subchapter III do not replace whatever else Wisconsin law offers. A Wisconsin court may use any remedy otherwise available under other Wisconsin law to enforce another state’s custody determination, and the remedies this subchapter provides are cumulative rather than exclusive.
The mechanics for carrying out this duty appear in the sections that follow: section 822.34 for temporary enforcement of placement or visitation terms, section 822.35 for registering a determination, and section 822.36 for enforcing a registered determination.
Frequently Asked Questions
Must a Wisconsin court enforce a custody order issued by another state?
Yes, if that state exercised jurisdiction consistent with chapter 822, or the order was made under facts meeting the chapter’s jurisdictional standards, and the order has not since been modified in accordance with the chapter. Section 822.33(1) requires recognition and enforcement in that circumstance.
What if the other state’s court didn’t precisely follow chapter 822’s exact procedures but its jurisdiction still fit the chapter’s standards?
Section 822.33(1) still requires enforcement, since it covers a determination made under factual circumstances meeting the chapter’s jurisdictional standards, not only one where the issuing court expressly applied chapter 822’s own text.
Are the enforcement tools in subchapter III the only way to enforce an out-of-state custody order in Wisconsin?
No. Section 822.33(2) says a court may use any remedy otherwise available under other Wisconsin law, and the subchapter’s own remedies are cumulative, not exclusive.
What happens if the out-of-state order has since been modified consistent with chapter 822?
Section 822.33(1) conditions the enforcement duty on the determination not having been modified in accordance with the chapter, so the duty attaches to the current, unmodified version of the order.
Which sections give the concrete steps for enforcing an out-of-state order in Wisconsin?
Section 822.34 covers temporary enforcement of placement or visitation terms, section 822.35 covers registration, and section 822.36 covers enforcement of a registered determination.
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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