Thursday, December 11, 2014

Title: Wisconsin Court of Appeals affirmed contempt of mother for making unilateral decision in joint custody.

Link for opinion: https://a.next.westlaw.com/Document/I69aa0b459fdc11e39ac8bab74931929c/View/FullText.html?navigationPath=Search%2Fv3%2Fsearch%2Fresults%2Fnavigation%2Fi0ad7051f00000149c48d18236c71eafe%3FNav%3DCASE%26fragmentIdentifier%3DI69aa0b459fdc11e39ac8bab74931929c%26startIndex%3D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DSearchItem&listSource=Search&listPageSource=32ae2bba1f4e2403d37478bfca6868e2&list=CASE&rank=1&grading=na&sessionScopeId=1e19dfee564bdf4205b021cea0ce42a4&originationContext=Search%20Result&transitionType=SearchItem&contextData=%28sc.Search%29 Title: Wisconsin Court of Appeals affirmed contempt of mother for making unilateral decision in joint custody. The Wisconsin Court of Appeals held in Marcott v. Marcott, 353 Wis.2d 304 (Wis. Ct. App. 2014) that a parent can be held in contempt of violating a joint custody judgment, despite being the primary caretaker. A couple months after joint custody was established, the mother transferred her two children to a different school district. The father challenged her unilateral decision as it was not a joint decision and made against his knowledge and or consent. During their divorce judgment, it was agreed upon Sara and Lonnie that their children’s custody remain a joint one. Sara was to have primary physical placement. A couple months before the school year, Sara decides to move and enroll the children in a new school district without consenting Lonnie of her decision. The court held that Sara violated the joint custody judgment by taking it upon herself to make a major decision regarding the children; that which was to be shared with Lonnie. According to the court, Sara lacked the authority to make a unilateral decision that relates to both parents. Under WIS. STAT. § 767.001(1s), it is stated that no parent has a superior legal custody right in a joint custody unless otherwise specified in a final court judgment. Therefore Sara was found in contempt and the order was affirmed. Labels: Child Custody, Joint Custody

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