Wisconsin Statutes

Civil Procedure

Chapter 822. Uniform Child Custody Jurisdiction and Enforcement Act

Subchapter I. General Provisions

822.04. Application to Indian tribes

(1) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 USC 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.

(2) A court of this state shall treat a tribe as if it were a state for the purpose of applying subchs. I and II.

(3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under subch. III.

Source:

2005 Act 130, § 7, eff. March 25, 2006.

Prior Laws:

L.1981, c. 81, § 30, eff. Feb. 1, 1982.

St.2003, § 822.015.

2005 Legislation:

2005 Act 130, § 9(1) provides:

"This act first applies to child custody proceedings, including modification proceedings, and proceedings to enforce or register child custody determinations that are commenced on the effective date [March 25, 2006] of this subsection."

Former Sections:

St.2003, § 822.04, relating to notice and an opportunity to be heard, was vacated by the repeal and recreation of this chapter by 2005 Act 130, § 7, eff. March 25, 2006, and was derived from L.1975, c. 283, § 9, eff. May 28, 1976 and L.1979, c. 89, § 462, eff. Dec. 9, 1979.

RESEARCH REFERENCES

                      2006 Electronic Update                                  

Forms

Wisconsin Pleading and Practice Forms § 65:4, Jurisdiction -- Child Custody.

W. S. A. 822.04, WI ST 822.04