LRB-3162/1
PJK:jlg:jf
1999 - 2000 LEGISLATURE
October 12, 1999 - Introduced by Representatives Staskunas, Ladwig, Black,
Musser, Sykora, Kreuser, Goetsch, Plouff, Nass, Plale, Colon, Wasserman
and Miller, cosponsored by Senators Darling and Baumgart. Referred to
Committee on Family Law.
AB524,1,4
1An Act to renumber and amend 767.115 (2);
to amend 767.07 (1), 767.115 (1)
2(a) and 767.115 (1m); and
to create 767.115 (1) (am) and 767.115 (2) (b) of the
3statutes;
relating to: requiring parties to a divorce or legal separation to
4attend parenting classes.
Analysis by the Legislative Reference Bureau
Under current law, a judge or family court commissioner may order the parties
to an action affecting the family (which includes such actions as divorces, paternity
actions and actions related to child support or legal custody) that involves a minor
child to attend a program on the effects of a dissolution of marriage on children if the
judge or family court commissioner determines that it is appropriate and in the best
interest of the child. A judge or family court commissioner may order one or both
parties to a paternity action to attend a program that provides training in parenting
or coparenting skills if the judge or family court commissioner determines that it is
appropriate and in the best interest of the child. Any program that parties are
ordered to attend must be educational rather than therapeutic and may not exceed
four hours in length. The parties are responsible for the cost of any program
attended. The judge or family court commissioner may condition the granting of a
final judgment or order in the action on attendance at the program.
This bill provides that, if the action affecting the family is a divorce or legal
separation and a minor child is involved, the court or family court commissioner
must order the parties to attend a program that includes instruction on the effects
of divorce on a child and on how working together is in the best interest of the child.
The bill includes exceptions: the court or family court commissioner is not required
to order the parties to attend a program if the court or family court commissioner
finds that attendance would cause undue hardship or finds, because of evidence of
child or spousal abuse or a significant problem with alcohol or other drug abuse, that
attendance would endanger the health or safety of one of the parties. Any program
that the parties are ordered to attend must be at least two hours long. The court or
family court commissioner is required to condition the granting of the divorce or legal
separation on attendance at the program, unless the parties were not ordered to
attend because of the exception for undue hardship or endangerment of the health
or safety of one of the parties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB524, s. 1
1Section
1. 767.07 (1) of the statutes is amended to read:
AB524,2,42
767.07
(1) The requirements of this chapter as to residence and
marriage
3assessment counseling the educational program under s. 767.115 (1) (am) have been
4complied with;
AB524, s. 2
5Section
2. 767.115 (1) (a) of the statutes is amended to read:
AB524,2,116
767.115
(1) (a)
At Except as provided in par. (am), at any time during the
7pendency of an action affecting the family in which a minor child is involved and in
8which the court or family court commissioner determines that it is appropriate and
9in the best interest of the child, the court or family court commissioner, on its own
10motion, may order the parties to attend a program specified by the court or family
11court commissioner concerning the effects on a child of a dissolution of the marriage.
AB524, s. 3
12Section
3. 767.115 (1) (am) of the statutes is created to read:
AB524,2,1713
767.115
(1) (am) 1. Except as provided in subd. 2., in a divorce or legal
14separation in which a minor child is involved, the court or family court commissioner
15shall order the parties to attend a program specified by the court or family court
16commissioner that includes instruction on the effects on a child of divorce and on how
17working together is in the best interest of the child.
AB524,3,7
12. In the discretion of the court or family court commissioner, the parties shall
2not be required to attend a program under subd. 1. if the court or family court
3commissioner finds that attending such a program would cause undue hardship or
4endanger the health or safety of one of the parties. In making a determination of
5whether attending a program under subd. 1. would endanger the health or safety of
6one of the parties, the court or family court commissioner shall consider the
7following:
AB524,3,98
a. Evidence that a party engaged in abuse, as defined in s. 813.122 (1) (a), of
9the child, as defined in s. 48.02 (2).
AB524,3,1110
b. Evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m),
11or domestic abuse, as defined in s. 813.12 (1) (a).
AB524,3,1312
c. Evidence that either party has a significant problem with alcohol or other
13drug abuse.
AB524,3,1514
d. Any other evidence indicating that a party's health or safety will be
15endangered by attending a program.
AB524, s. 4
16Section
4. 767.115 (1m) of the statutes is amended to read:
AB524,3,2317
767.115
(1m) A program under sub. (1) shall be educational rather than
18therapeutic in nature and may not exceed a total of 4 hours in length
, but a program
19under sub. (1) (am) shall be at least 2 hours long. The parties shall be responsible
20for the cost, if any, of attendance at the program. The court or family court
21commissioner may specifically assign responsibility for payment of any cost. No facts
22or information obtained in the course of the program, and no report resulting from
23the program, is admissible in any action or proceeding.
AB524, s. 5
24Section
5. 767.115 (2) of the statutes is renumbered 767.115 (2) (a) and
25amended to read:
AB524,4,4
1767.115
(2) (a)
Notwithstanding s. 767.07 Except as provided in par. (b), the
2court or family court commissioner may require the parties to attend a program
3under sub. (1) as a condition to the granting of a final judgment or order in the action
4affecting the family that is pending before the court or family court commissioner.
AB524, s. 6
5Section
6. 767.115 (2) (b) of the statutes is created to read:
AB524,4,96
767.115
(2) (b) 1. Except as provided in subd. 2., the court or family court
7commissioner shall require the parties to a divorce or legal separation in which a
8minor child is involved to attend a program under sub. (1) (am) 1. as a condition to
9the granting of the judgment of divorce or legal separation.
AB524,4,1510
2. If the parties to a divorce or legal separation were not ordered to attend a
11program under sub. (1) (am) 1. because the court or family court commissioner found
12under sub. (1) (am) 2. that attending would cause undue hardship or endanger the
13health or safety of one of the parties, the court or family court commissioner may not
14condition the granting of the judgment of divorce or legal separation on attending a
15program.
AB524,4,1917
(1)
Requirement to attend educational program. This act first applies to
18divorce or legal separation actions commenced on the effective date of this
19subsection.
