If visitation problems arise after you are divorced in Wisconsin the first solution is to try to work things out with your ex spouse. Wisconsin Divorce and Family Law does provide alternative remedies but as previously pointed out in my March 20, 2009 post "the times that each parent spends with the children is going to change due to the divorce and keeping the child from one parent can increase the negative effects." For that reason it is important to follow the agreement or Order which is in place. If for some reason, however, one party unilaterally decides to disobey the court order then Wisconsin Statute Section 767.471 (Sec. 767.471)"Enforcement of physical placement orders" sets forth the rules for filing a contempt motion against one parent for failure to comply with a court ordered visitation.

I have set out the requirements for filing a Motion for Contempt under Sec. 767.471 below in as plain a language as I can.

Before a party can file a Motion for Contempt under Sec. 767.471 they must have been either denied one or more periods of physical placement and/or had one or more periods of physical placement "substantially" interfered with by the other parent and/or have incurred a financial loss or expenses as a result of the other parent's intentional failure to exercise one or more periods of physical placement. It should be filed in the underlying divorce or paternity action. (I have used the word ex spouse throughout this post which would not apply in a paternity action.)

The Motion for Contempt must contain the following allegations:

1.Your name and the fact that there is court order granting you periods of visitation.

2. The name of your ex spouse. (Father or Mother of child in paternity action).

3. The actual dates and times when you were denied visitation or the facts surrounding the substantial interference with your visitation or the actual financial losses uncured as a result of the denied visitation or all three if applicable.

4. State what you want the court to do because of the intentionally and unreasonably interference with visitation.

The relief the court may grant you under Sec. 767.471 is limited to one or more of the following:

a. Issue an order granting additional periods of physical placement to replace those denied or interfered with.

b. Award you a reasonable amount for the cost of bringing the motion and for attorney fees.

c. If the court order or judgment you are alleging contempt from does does not have a provision for specific times for the exercise of periods of physical placement, the court may issue an order specifying the times for the exercise of periods of physical placement.

d. Find the responding party in contempt of court under ch. 785.

e. Grant an injunction ordering your ex spouse to strictly comply with the judgment or order relating to the award of physical placement.

f. Order reimbursement of the expenses incurred a financial loss or expenses as a result of the other parent's intentional failure to exercise one or more periods of physical placement.

Even if you fail to ask for one or more of these remedies the court is not barred from imposing one of these remedies on it's own.

Once you have filed the Motion it must be served on the other side. This may be done through the sheriff's office or a private process server but in either case must be served in accordance with Wisconsin Statute Section 801.11.

Once this is done the court will hold a hearing within 30 days after the service of the Motion on the other party so be sure to file the affidavit of service you receive from the sheriff or process server with the court. Most attorneys will obtain a court date prior to filing the Motion and place a notice of the Motion on the Motion papers to be served to the other party. This way the other party can't say they did not get notice of the date.

Since this is not a Motion to modify placement or custody the court is limited to the remedies listed above and may not change the custody or placement orders.