If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under s. 822.45 or 822.46.
822.47.Costs and expenses.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.47 lets a Wisconsin court assess against a losing respondent the direct expenses and costs a prosecutor and law enforcement officers incurred while locating a child, obtaining the child’s return, or enforcing a custody determination under s. 822.45 or 822.46.
Full Text of Section 822.47
Plain-English Summary
When a prosecutor and law enforcement get involved under ss. 822.45 and 822.46, that work costs money. Section 822.47 lets the court shift those direct expenses and costs onto the respondent, but only if the respondent is not the prevailing party in the case.
The section frames this as something the court may do, not something it must do, leaving the decision to the court’s discretion once the respondent has lost.
Frequently Asked Questions
Who pays for the prosecutor’s and police’s work in locating my child?
If the respondent is not the prevailing party, Section 822.47 lets the court assess against the respondent the direct expenses and costs the prosecutor and law enforcement incurred under s. 822.45 or 822.46.
Is the court required to assess these costs against the respondent?
No. Section 822.47 says the court may assess these costs, which leaves the decision to the court rather than making it automatic.
What if the respondent wins the case?
The section only allows this cost assessment if the respondent is not the prevailing party, so a respondent who prevails would not face this particular cost award.
Does this cover the prosecutor’s expenses, the officer’s expenses, or both?
Both. Section 822.47 covers direct expenses and costs incurred by the prosecutor and by law enforcement officers acting under s. 822.45 or 822.46.
Is this the same cost award described in s. 822.42?
No, it is a separate provision specifically addressing the costs the prosecutor and law enforcement incurred, distinct from the prevailing-party expense award under s. 822.42.
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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