MADISON, WI…Common-sense legislation authored by Senator André Jacque (New Franken) to reduce unnecessary confusion and costs within the state’s family court system was signed into law by Governor Tony Evers today as Act 81.
“Introduced at the request of family law practitioners, judges and parents, this new law will provide greater clarity to the public and prevent additional hearings from clogging our courts when the results are predictable based on precedent,” said Jacque.
Under previous law, a parent could not move with a child more than 100 miles from another parent without court approval, if the other parent also had court-ordered placement rights. However, there was ambiguity over how to calculate 100 miles, leading to confusion, conflict and unnecessary court proceedings. Parents were at risk of being held in contempt of the court over misunderstandings about how to properly comply with existing statutory language.
In the 2008 Michele M. Warner v. Charles J. Warner decision, the courts ruled that for purposes of determining child relocation, “driving” miles should be used instead of “radial” miles. Act 81 codifies this decision by defining 100 miles as “driving” miles instead of in a straight line, or “as the crow flies.”
“This common-sense legal clarification, enacted with broad bipartisan support, will make it easier for Wisconsin families to comply with existing law without having to spend additional time and money in court, while also freeing up valuable family court time,” said Jacque.
This proposal was introduced with Assembly author Representative Joy Goeben (Hobart) and with the support of the State Bar, and passed both legislative houses unanimously on voice votes before being presented to the governor.
Senator André Jacque represents Northeast Wisconsin’s First Senate District, consisting of Door, Kewaunee and Calumet Counties and portions of Brown, Calumet, Manitowoc, and Outagamie counties.
