An appeal may be taken from a final order in a proceeding under this subchapter in accordance with ch. 809. Unless the court enters a temporary emergency order under s. 822.24, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
822.44.Appeals.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.44 allows an appeal from a final order in a custody enforcement case under ch. 809, and bars the enforcing court from staying its own enforcement order pending appeal unless it has entered a temporary emergency order under s. 822.24.
Full Text of Section 822.44
Plain-English Summary
Section 822.44 sets the appeal path for enforcement proceedings. A final order entered in a case under this subchapter may be appealed following the procedure in ch. 809, the same appellate rules that govern other civil appeals.
What sets these cases apart is the stay rule. The enforcing court generally may not stay its own order enforcing a child custody determination while an appeal is pending. The only exception is when the court has entered a temporary emergency order under s. 822.24; outside that circumstance, the enforcement order stays in effect through the appeal.
Frequently Asked Questions
Can I appeal a final order from a custody enforcement case in Wisconsin?
Yes. Section 822.44 allows an appeal from a final order in a proceeding under this subchapter, taken in accordance with ch. 809.
Will the enforcement order be put on hold while my appeal is pending?
Generally not. Section 822.44 says the enforcing court may not stay an order enforcing a child custody determination pending appeal.
Is there any exception to that no-stay rule?
Yes, one. If the court has entered a temporary emergency order under s. 822.24, the no-stay rule does not apply in the same way.
What appellate rules govern this kind of appeal?
Section 822.44 points to ch. 809, the same chapter that governs appeals generally.
Does this section allow appeals from every order in the case, or just final ones?
It covers a final order in a proceeding under this subchapter; the section’s text is limited to appeals from final orders.
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: appealing custody enforcement order wisconsinstay pending appeal custody case wisconsinch 809 appeal custody enforcementfinal order custody enforcement appeal