Custody

After a custody petition is filed, certain restrictions apply to the petitioner. Once the petition is served upon the other party (the respondent), those restrictions apply to the respondent as well. Both parties cannot do any of the following while a custody case is pending in court:

• harass, intimidate, physically abuse, or restrain the personal liberty of the other party or a minor child of either of the parties; and
• without the consent of the other party or an order of the court:
  • relocate and establish a residence with a minor child of the parties more than 100 miles from the residence of the other party;
  • remove a minor child of the parties from the state for more than 90 consecutive days; or
  • hide (conceal) a minor child of the parties from the other party.¹

If either party violates any of the above restrictions, the other party can file for contempt of court. However, a judge would not hold a party in contempt of court if the judge believes that:

1. the action was taken to protect a party or a minor child of the parties from physical abuse by the other party; and
2. there was no reasonable opportunity under the circumstances for the party to first go to judge to ask for permission to do what s/he did.²

¹ Wis. Stat. § 767.117(1)(a), (1)(c), (2)
² Wis. Stat. § 767.117(3)