822.34.Temporary physical placement or visitation.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.34 lets a Wisconsin court without modification jurisdiction still issue a temporary order enforcing another state’s existing physical placement or visitation schedule, or filling in a schedule where the other state’s order doesn’t specify one, until a court with real modification jurisdiction weighs in.
(1)A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing any of the following:
(a)A physical placement or visitation schedule made by a court of another state.
(b)The physical placement or visitation provisions of a child custody determination of another state that does not provide for a specific physical placement or visitation schedule.
(2)If a court of this state makes an order under sub. (1) (b), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in subch. II. The order remains in effect until an order is obtained from the other court or until the period expires.
Plain-English Summary
Section 822.34 supplies a narrow enforcement tool for a Wisconsin court that lacks jurisdiction to modify a custody determination. Subsection (1) lets that court still issue a temporary order enforcing a physical placement or visitation schedule another state’s court has already set, or enforcing the placement or visitation provisions of another state’s determination that does not itself specify a particular schedule.
Subsection (2) applies when the Wisconsin court is enforcing a determination that lacks a specific schedule. In that situation, the order must specify a period the court considers adequate for the petitioner to obtain an order from a court with jurisdiction under the criteria in subchapter II, and the Wisconsin order remains in effect until that order is obtained or the specified period expires.
Unlike the emergency jurisdiction in section 822.24, this section does not depend on abandonment or a threat of mistreatment. It gives a Wisconsin court a way to keep an existing visitation or placement arrangement running as a stopgap, even though the court cannot change the underlying custody determination itself, a role distinct from the general enforcement duty in section 822.33.
Frequently Asked Questions
Can a Wisconsin court help enforce a visitation schedule from another state’s custody order even if Wisconsin can’t modify that order?
Yes. Section 822.34(1)(a) lets a court without modification jurisdiction issue a temporary order enforcing a physical placement or visitation schedule another state’s court has already made.
What if the other state’s order doesn’t spell out a specific visitation schedule?
Section 822.34(1)(b) still lets the Wisconsin court issue a temporary order enforcing the placement or visitation provisions of that determination.
How long does a Wisconsin temporary order made under section 822.34(1)(b) last?
Section 822.34(2) requires the order to remain in effect until an order is obtained from a court with subchapter II jurisdiction, or until the period the Wisconsin court specified expires.
Does issuing this kind of temporary order give Wisconsin modification jurisdiction over the underlying custody determination?
No. Section 822.34 applies specifically to a court that does not have jurisdiction to modify the determination; it does not confer that jurisdiction.
Who is expected to seek the more permanent order from a court with real jurisdiction?
The petitioner, within the period the Wisconsin court’s order specifies under section 822.34(2).
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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