822.26 Simultaneous proceedings.
(1) Except as provided in s. 822.24, a court of this state may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under s. 822.27.
(2) Except as provided in s. 822.24, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties under s. 822.29. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may do any of the following:
(a) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement.
(b) Enjoin the parties from continuing with the proceeding for enforcement.
(c) Proceed with the modification under conditions it considers appropriate.
History: 2005 a. 130.
An Indian tribal court custody order is given full force and effect under the doctrine of comity. Custody of Sengstock, 165 Wis. 2d 86, 477 N.W.2d 310 (Ct. App. 1991).
NOTE: The above annotation cites to the Uniform Child Custody Jurisdiction Act, the predecessor statute to the current Uniform Child Custody Jurisdiction and Enforcement Act.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 822 - Uniform child custody jurisdiction and enforcement act.
822.01 - Short title; purposes; construction of provisions.
822.03 - Proceedings governed by other law.
822.04 - Application to Indian tribes.
822.05 - International application.
822.06 - Effect of child custody determination.
822.08 - Notice to persons outside state.
822.09 - Appearance and limited immunity.
822.10 - Communication between courts.
822.11 - Taking testimony in another state.
822.12 - Cooperation between courts; preservation of records.
822.21 - Initial child custody jurisdiction.
822.22 - Exclusive, continuing jurisdiction.
822.23 - Jurisdiction to modify determination.
822.24 - Temporary emergency jurisdiction.
822.25 - Notice; opportunity to be heard; joinder.
822.26 - Simultaneous proceedings.
822.28 - Jurisdiction declined by reason of conduct.
822.29 - Information to be submitted to court.
822.295 - Appearance of parties and child.
822.32 - Enforcement under Hague Convention.
822.34 - Temporary physical placement or visitation.
822.35 - Registration of child custody determination.
822.36 - Enforcement of registered determination.
822.37 - Simultaneous proceedings.
822.38 - Expedited enforcement of child custody determination.
822.39 - Service of petition and order.
822.41 - Warrant to take physical custody of child.
822.42 - Costs, fees, and expenses.
822.43 - Recognition and enforcement.