Physical Placement Enforcement?

A parent generally may not unilaterally disregard a court-ordered placement schedule. If one parent intentionally interferes with the other parent’s court-ordered periods of physical placement, Wisconsin law provides a specific enforcement procedure under Wis. Stat. § 767.471.

A placement enforcement motion is the procedural vehicle used to ask a Wisconsin family court to enforce an existing order for physical placement. It is designed for situations in which a parent contends that the other parent intentionally and unreasonably denied or interfered with periods of placement provided by a court order.

The parent seeking enforcement may file a petition or motion alleging that the other parent intentionally and unreasonably denied or interfered with placement. The court may hold an expedited hearing. If the court finds that placement was intentionally and unreasonably denied or interfered with, the statute authorizes remedies that can include additional periods of placement to replace time that was denied, modification of the placement schedule in appropriate circumstances, and financial remedies such as costs and reasonable attorney fees as provided by statute.

Repeated withholding can also become relevant to later custody or placement proceedings because Wisconsin courts consider each parent’s ability to support the child’s relationship with the other parent, subject to important exceptions involving domestic abuse and safety.

As a practical matter, however, in real life enforcement can be difficult. If there are repeated withholdings, eventually contempt proceedings may be appropriate; those, however, take much time and most likely money. Compounding the issue is the rising trend of teens and even pre-teens to simply say “NO” when it is time to go to one or the other parents’  In these instances, courts may find that, even though the child is not going to the other parent’s house, it is not withholding, and the existing order becomes impossible to enforce. In these instances, counseling and family reunification therapy might sometimes be of use, but there is no guarantee. 

Sometimes, a court simply cannot realistically enforce a physical placement order. Be sure to note, though, that this does not change legal custody: whether the child is in a parent’s home or not, if there is joint legal custody, both parents must continue to confer and cooperate regarding legal custody issues.

Primary Wisconsin authorities: Wis. Stat. § 767.41(5); Wis. Stat. §§ 767.471 and 767.41(5).