Wisconsin Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse

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Description

Ex parte refers to a motion or petition by or for one party. An ex parte judicial proceeding is one where the opposing party has not received notice nor is present. This is an exception to the usual rule of court procedure and due process rights that both parties must be present at any argument before a judge. Ex parte hearings, petitions, or motions are usually temporary orders, such as a restraining order or temporary custody, pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a good faith effort to notify the opposing lawyer of the time and place of any ex parte hearing.

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  • Preview Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse
  • Preview Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse
  • Preview Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse

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FAQ

Wisconsin Statute 948.31 defines interference with custody, either by a parent or a third party: ?Whoever causes a child to leave, takes away or withholds a child for more than 12 hours from the child's parent(s) is guilty of a Class I felony.?

§ 948.31(2), a person is guilty of interference with child custody if, without the consent of the child's parents, the person either (a) ?causes a child to leave? the child's parents, (b) ?takes a child away? from the child's parents, or (c) ?withholds a child for more than 12 hours? from the child's parents.

Make a record of conversations (making secret audio recordings is controversial and they are unlikely to be allowed as evidence, so make a record in writing) or incidents with your ex. As soon as you suspect parental alienation, always start to keep records of what's happening ? both the good and the bad.

Best interest factors The child's wishes, if the child is old enough to express a reasonable preference. The mental and physical health of both parents. A child's special needs, as well as how each parent can accommodate those needs.

(a) A judge or circuit court commissioner shall issue a temporary restraining order ordering the respondent to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner's residence, except as provided in par.

Chapter 48 of the Wisconsin State Statutes directs that the Department of Human Services work with children and families in which child maltreatment may have occurred.

You can't do this unilaterally. If you need to or wish to move out of the state of Wisconsin, and more than a 100 miles away from the other parent, you'll need to file a motion with the court. You will need to demonstrate how your child's relationship with the other parent and placement will be maintained.

In Wisconsin, children cannot dictate where they reside but the courts may take the child's preference into consideration at about age 14 or when the child can articulate a preference and a reason for the preference. A child cannot opt to violate a court order, parents are responsible for following the court order.

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Wisconsin Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse