Except as provided in s. 822.41, the petition and order must be served, by any method authorized by the laws of this state, upon the respondent and any person who has physical custody of the child.
822.39.Service of petition and order.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.39 requires that the enforcement petition and the court’s order be served on the respondent and on anyone with physical custody of the child, using any method Wisconsin law authorizes, unless the warrant procedure in s. 822.41 applies instead.
Full Text of Section 822.39
Plain-English Summary
Before an enforcement hearing can go forward, the respondent and anyone caring for the child need notice. Section 822.39 requires service of both the petition and the court’s order on the respondent and on any person who has physical custody of the child.
The section does not create a special service method just for these cases. It allows service by any method Wisconsin law otherwise authorizes, which gives petitioners the same range of options they would have in serving other civil filings.
The one exception is built into the opening clause: this service requirement gives way where s. 822.41 applies. That section covers the warrant procedure for taking physical custody of a child in more urgent circumstances, where service happens on a different schedule, after the child is taken into custody rather than before.
Frequently Asked Questions
Who has to be served with the enforcement petition?
Section 822.39 requires service on the respondent and on any person who has physical custody of the child.
What methods of service are allowed?
Any method authorized by Wisconsin law, the same range of service methods available in other civil proceedings.
Does the petition alone need to be served, or the order too?
Both. Section 822.39 requires service of the petition and the order.
Is there an exception to this service requirement?
Yes. Section 822.39 applies except as provided in s. 822.41, which covers warrants to take physical custody of a child and has its own service timing.
Why would someone besides the respondent need to be served?
Because a child may be in the physical custody of someone other than the respondent, and Section 822.39 makes sure that person also receives notice of the petition and order.
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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