(1) A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.
822.38.Expedited enforcement of child custody determination.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.38 sets out what a verified petition to enforce a child custody determination must contain and say, and requires the court, once the petition is filed, to order the respondent to appear at a prompt hearing.
Full Text of Section 822.38
(2) A petition for enforcement of a child custody determination shall state all of the following:
(a) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was.
(b) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision shall be enforced under this chapter and, if so, shall identify the court, the case number, and the nature of the proceeding.
(c) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, determination of parental rights, and adoptions and, if so, shall identify the court, the case number, and the nature of the proceeding.
(d) The present physical address of the child and the respondent, if known.
(e) Whether relief, in addition to the immediate physical custody of the child and attorney fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought.
(f) If the child custody determination has been registered and confirmed under s. 822.35, the date and place of registration.
(3) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing shall be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.
(4) An order issued under sub. (3) shall state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of costs, fees, and expenses under s. 822.42, and the court may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes one of the following:
(a) The child custody determination has not been registered and confirmed under s. 822.35 and any of the following: 1. The issuing court did not have jurisdiction under subch. II. 2. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under subch. II.
3. The respondent was entitled to notice, but notice was not given in accordance with the standards of s. 822.08 in the proceedings before the court that issued the order for which enforcement is sought.
(b) The child custody determination for which enforcement is sought was registered and confirmed under s. 822.35, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subch. II.
Plain-English Summary
Section 822.38 opens the expedited enforcement process under this subchapter. A petition to enforce a child custody determination must be verified, and the petitioner must attach certified copies of every order sought to be enforced, along with any order confirming registration; an ordinary copy of that certified copy will do in place of the original.
The petition itself has to answer a set list of questions: whether the issuing court identified its jurisdictional basis and what that basis was; whether the determination has since been vacated, stayed, or modified, and if so by which court and case; whether any related proceeding is pending, including one touching domestic violence, protective orders, parental rights, or adoption; the present address of the child and the respondent, if known; whether the petitioner wants relief beyond immediate physical custody and attorney fees, such as law enforcement assistance; and, if the determination has already been registered and confirmed under s. 822.35, when and where that registration happened.
Once the petition is filed, the court must order the respondent to appear, with or without the child, and may enter any order needed to keep the parties and the child safe in the meantime. The hearing goes on the next judicial day after the order is served, unless that is not possible, in which case the court holds it on the first day it can. The court may push the hearing date back at the petitioner’s request.
Frequently Asked Questions
Does a petition to enforce a custody order in Wisconsin have to be verified?
Yes. Section 822.38 requires the petition to be verified, with certified copies of the orders sought to be enforced, and any order confirming registration, attached.
What must the petition say about other pending court cases?
It must state whether any proceeding has been commenced that could affect the current case, including ones involving domestic violence, protective orders, determination of parental rights, or adoption, and if so identify the court, case number, and nature of that proceeding.
How soon will the court hold a hearing after I file an enforcement petition?
The court must order the respondent to appear, and the hearing is held on the next judicial day after the order is served, unless that date is impossible, in which case the court holds it on the first judicial day it can.
Can the hearing date be pushed back?
Yes. Section 822.38 lets the court extend the hearing date at the petitioner’s request.
What must I disclose about the child’s and respondent’s location?
The petition must state the present physical address of the child and the respondent, if known.
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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