If a proceeding for enforcement under this subchapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under subch. II, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
822.37.Simultaneous proceedings.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.37 requires a Wisconsin court handling a child custody enforcement case to contact any other state’s court that is simultaneously running a case to modify the same custody determination, and lets the enforcement case continue unless the Wisconsin court, after that consultation, stays or dismisses it.
Full Text of Section 822.37
Plain-English Summary
Custody cases do not always stay in one state. Section 822.37 addresses what happens when a parent asks a Wisconsin court to enforce a custody determination while a separate case to modify that same determination is already pending in another state that has jurisdiction to modify it under subch. II of this chapter. Rather than let the two cases run blind to each other, the section requires the Wisconsin court to communicate with the modifying court right away.
The default rule favors enforcement. The Wisconsin enforcement proceeding keeps going even after the court learns about the other state’s modification case. It stops only if the Wisconsin court, having consulted with the modifying court, decides on its own to stay or dismiss the enforcement action. The section does not require dismissal or a pause; it leaves that call to the enforcing court after the two courts have compared notes.
This coordination duty exists because an enforcement order and a modification order can pull in different directions. By requiring direct contact between the two courts before Wisconsin decides how to proceed, the section reduces the chance that a child ends up subject to two conflicting custody rulings issued around the same time in different states.
Frequently Asked Questions
What happens if I file to enforce a custody order in Wisconsin while someone is trying to modify it in another state?
Once the Wisconsin court learns that a modification case is pending in a court of another state with jurisdiction to modify the determination under subch. II, Section 822.37 requires the Wisconsin court to communicate with that court right away.
Does my Wisconsin enforcement case automatically get put on hold?
No. Section 822.37 says the enforcement proceeding continues unless the Wisconsin court, after consulting with the modifying court, decides to stay or dismiss it.
Which court reaches out first under this section?
The enforcing court, meaning the Wisconsin court handling the enforcement proceeding, is the one required to communicate immediately with the court handling the modification case in the other state.
Can the Wisconsin court dismiss my enforcement case because of the other state’s modification case?
Yes. After consulting with the modifying court, the Wisconsin court may stay or dismiss the enforcement proceeding under Section 822.37.
What determines which state’s court has authority to modify the custody order?
Section 822.37 points to subch. II of this chapter, which governs which state’s court has jurisdiction to modify a child custody 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
Also known as: wisconsin simultaneous custody proceedingscustody enforcement vs modification conflict wisconsincourt communication child custody case wisconsinstay child custody enforcement wisconsinuccjea simultaneous proceedings wisconsin