Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.45 lets a prosecutor take lawful action, including bringing a proceeding under this subchapter, to locate a child, secure the child’s return, or enforce a custody determination in specific situations, while making clear the prosecutor acts for the court and represents no party.
Full Text of Section 822.45
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(1)A prosecutor, in a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, may take any lawful action, including resort to a proceeding under this subchapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if any of the following exists:
(a)A child custody determination. (b) A request to do so from a court in a pending child custody proceeding. (c) A reasonable belief that a criminal statute has been violated. (d) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. (2) A prosecutor acting under this section acts on behalf of the court and may not represent any party.
Plain-English Summary
Section 822.45 gives prosecutors a defined role in custody cases and international abduction cases under the Hague Convention on the Civil Aspects of International Child Abduction. A prosecutor may take any lawful action, including resorting to a proceeding under this subchapter or any other available civil proceeding, to locate a child, get the child back, or enforce a custody determination, when at least one of four things is true: there is an existing child custody determination, a court in a pending custody case has asked the prosecutor to act, the prosecutor reasonably believes a criminal statute has been violated, or the prosecutor reasonably believes the child was wrongfully removed or retained in violation of the Hague Convention.
The section is equally clear about what the prosecutor is not doing. A prosecutor acting under this section acts on behalf of the court rather than as anyone’s advocate, and may not represent any party to the case. That distinction matters because it keeps the prosecutor’s role in these cases separate from ordinary party representation.
Frequently Asked Questions
When can a prosecutor get involved in a Wisconsin custody case?
Section 822.45 lists four triggers: an existing child custody determination, a request from a court in a pending custody proceeding, a reasonable belief a criminal statute has been violated, or a reasonable belief the child was wrongfully removed or retained under the Hague Convention on the Civil Aspects of International Child Abduction.
Does the prosecutor represent the parent trying to enforce the custody order?
No. Section 822.45 states that a prosecutor acting under this section acts on behalf of the court and may not represent any party.
Can a prosecutor bring an enforcement proceeding under this subchapter?
Yes. The section allows a prosecutor to resort to a proceeding under this subchapter, or any other available civil proceeding, to locate a child, obtain the child’s return, or enforce a custody determination.
Does this section apply to international child abduction cases?
Yes. It covers cases arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction.
What if a court asks the prosecutor to act in a pending custody case?
A request from a court in a pending child custody proceeding is one of the grounds listed in Section 822.45 for a prosecutor to take lawful action.
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:prosecutor role child custody wisconsinhague convention child abduction prosecutor wisconsindistrict attorney enforce custody order wisconsinprosecutor locate missing child wisconsin