Ozaukee County
Circuit Court Rules
(Third Judicial District)
FAMILY COURT DIVISION RULES
Revised June 16, 2003
- RULE 301: HEARINGS
- RULE 302: INSTRUCTIONS
- RULE 303: FINAL HEARING REQUIREMENTS
- RULE 304: CUSTODY AND PLACEMENT DISPUTES; MEDIATION; GUARDIAN AD LITEM
- RULE 305: PROCEDURES AFTER FILING
- RULE 306: ADR PROCEDURE AND FEES
- RULE 307: MOTION HEARINGS
- RULE 308: FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT OF DIVORCE OR PATERNITY
RULE 301:
HEARINGS
301.1 MATTERS BEFORE CIRCUIT COURT JUDGES
The following matters will be heard by the circuit court judges:
(a) Pre-judgment, divorce and paternity matters.
1. Appeal from all orders/decisions of court commissioner.
2. Orders for A.D.R.
(b) Judgments.
1. Contested divorce trial.
2. Contested paternity determination (adjudication).
(c) Post-judgment.
1. Appeal from all orders/decisions of court commissioner.
2. Mediation orders (may also be presented to court commissioner).
3. Appointment of guardian ad litem in divorce matters.
(d) Temporary restraining orders for domestic abuse, harassment, and child abuse (if court commissioner not available).
(e) Injunction hearings, domestic/child abuse, harassment.
301.2 MATTERS BEFORE COURT COMMISSIONER
The following matters will be heard by the court commissioner:
(a) Pre-judgment, divorce and paternity matters.
1. Temporary hearings in divorce.
2. First appearance and pre-trials in paternity matters.
3. Rehearings and modifications of temporary hearings.
4. Contempt hearings on temporary orders.
5. Motions to compel discovery.
6. Mediation orders.
7. Appointment of guardian ad litem.
8. A.D.R. recommendations to the court.
(b) Judgments.
1. Default divorce judgment (grant of divorce based on full written agreement of the parties).
2. Adjudication of paternity in uncontested cases.
3. Determination of child custody, placement, support and related matters in paternity matters, following adjudication of paternity by either court commissioner or judge.
(c) Post-judgment.
1. Contempt hearings to enforce all final judgments.
2. Modifications of paternity judgments.
3. Appointment of guardian ad litem in paternity matters.
4. Mediation orders (may also be presented to the judge).
5. Modifications of divorce judgments. The matter may be certified to the Circuit Court at the instance of the Family Court Commissioner and at the discretion of the Trial Court.
(d) Temporary restraining orders for domestic abuse, harassment, child abuse (may also be presented to the judge).
RULE 302:
INSTRUCTIONS
Instructions and forms for certain matters commonly addressed as part of family court actions are available from the clerk of court without charge.
RULE 303:
FINAL HEARING REQUIREMENTS
303.1 REQUIREMENTS FOR OBTAINING FINAL HEARING DATE
In any action for divorce or legal separation, a party requesting a final hearing date (or any party so directed by the court) must first file a certificate of compliance with the court, on a form provided by the court or in substantial conformity therewith, indicating compliance with certain statutory and local rules requirements, before a hearing will be scheduled.
In any such action in which the parties have minor children, the parties shall each attend an educational program addressing the effects of divorce or separation on children and
co-parenting skills, unless the court specifically waives the requirement as to any party. No final hearing for divorce or legal separation will be scheduled until proof of each party's attendance, or waiver thereof, is filed with the court.
303.2 REQUIREMENTS FOR OBTAINING AN UNCONTESTED (DEFAULT) DIVORCE HEARING DATE BEFORE THE COURT COMMISSIONER
A signed marital settlement agreement (original plus one copy) and certificate of compliance must be submitted to the office of the family court commissioner.
If both parties are appearing without an attorney, one party must submit the following to the office of the family court commissioner before a date will be assigned:
(a) Findings of fact, conclusions of law and judgment of divorce (original and three (3) copies, with marital settlement agreement attached).
(b) Financial statements of each party (signed and notarized).
303.3 MATERIALS FOR FINAL HEARING
The following materials must be brought to the final hearing, if not previously submitted:
(a) Vital statistics form (original certificate of divorce or annulment) completed in black ink or typewritten on original (bond) form. (NOTE: the state does not accept copies, white-outs or cross-outs), and
(b) Original sworn financial statements of both parties.
(c) Original and one copy of marital settlement agreement.
RULE 304:
CUSTODY AND PLACEMENT DISPUTES; MEDIATION; GUARDIAN AD LITEM
304 .1 FORMS, INSTRUCTIONS AND
PROCEDURES
Requests for mediation, legal custody or physical placement studies, or appointment of a guardian ad litem must be made on forms provided by the court. To the extent possible, requests for mediation or appointment of a guardian ad litem shall be made far enough in advance of a hearing scheduled to address custody or placement issues such that the mediation may be accomplished or the guardian ad litem appointed prior to any such hearing. Deposit waiver or apportionment requests may be addressed to the court commissioner by telephone conference so long as all parties or their attorneys are included on said telephone conference. Unless a party is willing to make the entire deposit, he or she must file a sworn financial disclosure statement or affidavit of indigency with the request for waiver or apportionment, or immediately upon receiving notice that the other party is requesting waiver or apportionment. A party requesting waiver or apportionment of the deposit must advise the other party of this requirement, in writing, at the time of providing notice of the request.
304.2 MEDIATION
When there is a custody or placement dispute, mediation is required prior to appointment of a guardian ad litem unless waived by the court. The request for mediation must be accompanied by the appropriate deposit, currently $150.00, or a request for waiver or apportionment of the deposit.
304.3 GUARDIAN AD LITEM
A request for appointment of a guardian ad litem shall be accompanied by the deposit directed by the court, currently $1,500.00, or a request for waiver or apportionment of the deposit. Upon determining that the charges for services rendered are approximately equal to the deposit, the GAL shall petition the court for an order requiring the parties to deposit additional funds with the Clerk of Courts in an amount to be determined by the court.
304.4 PETITION FOR PAYMENT OF GUARDIAN AD LITEM FEES
Payment of guardian ad litem (GAL) fees will be made only upon petition by the guardian ad litem as approved by the court.
As part of the petition the guardian ad litem must:
(a) State the amount of the requested fees, and attach an itemization.
(b) State whether a deposit has been made to cover fees.
(c) If no deposit, or if the deposit is not sufficient to cover fees, state the financial circumstances of parties, if known, or request that parties complete and submit financial disclosure statements if a party believes that he or she does not have the ability to pay GAL fees currently.
(d) Request payment of the GAL fees, including the following options:
1. By a party or parties, or
2. By release of the deposit, if sufficient funds on deposit, or
3. By advancement by Ozaukee County, on a finding of:
A. Inability of parties to pay; and
B. Right of county to seek reimbursement in the future from party/ies determined unable to pay currently.
(e) Submit a proposed order incorporating the required findings and proposed order. If the GAL's services are completed, he or she should also request to be discharged as part of the order. The GAL must send a copy of the proposed order on fees to all interested parties, giving any party a right to object within ten (10) days of receipt of the proposed order. If the parties are unrepresented, clearly explain that they must object in writing to the court. The objection to the court must contain a statement that the objector is mailing a copy of the objection to all other parties, whose names must be listed.
RULE 305:
PROCEDURES AFTER FILING:
TEMPORARY ORDERS; NON-MARITAL CHILDREN
305.1 TEMPORARY ORDERS
Temporary orders may be requested on written stipulation (agreement) of the parties. Stipulations and proposed orders must be in general conformance with the pre-printed forms available through the office of the family court commissioner, or contain similar provisions. If financial matters are addressed, the findings must indicate each party's gross and net incomes, either on the stipulation or order or by reference to specified financial disclosure statements on file. If a stipulation provides for payment of support through the Wisconsin Support Collection Trust Fund, the child support agency shall be provided with the parties' names, addresses, social security numbers, and the name and address of the support payer's employer.
An order may provide for rehearing on ten (10) day letter notice. A party requesting a rehearing on ten (10) day letter notice shall send a letter to all other parties and the court at least ten (10) days prior to the scheduled hearing date. The letter shall describe the issues to be raised by the party at that hearing. Any attorney of record and, if possible, any party not represented by an attorney shall be consulted as to availability at the time a date is selected.
305.2 NON-MARITAL CHILDREN
Unless otherwise ordered by a judge, no judgment of divorce will be granted until after the paternity of an alleged non-marital child is determined.
RULE 306:
ADR PROCEDURE AND FEES
306.1 MOTION
The assigned judge may determine on its own motion, or on motion of a party, that action is appropriate for settlement alternatives.
306.2 RECOMMENDATION
The assigned judge may seek the recommendation of the court commissioner, in the court's discretion.
306.3 HEARING
The assigned judge may schedule a hearing on motion of party or its own motion.
306.4 INITIAL ADR REFERRAL ORDER
The assigned judge may enter an order finding that action either is or is not an appropriate one in which to order an ADR and may specify the form of ADR and any other order necessary to effectuate the same.
306.5 RELIEF FROM INITIAL REFERRAL ORDER
A party aggrieved by an initial ADR referral order may request a hearing on an order to show cause why the order should be vacated or modified.
RULE: 307
MOTION HEARINGS
307.1 REVIEW OF DECISIONS OF A COURT COMMISSIONER
Any determination, order, or ruling by a court commissioner may be certified to the branch of court to which the case has been assigned, upon a motion by any party. Such motion shall be filed within ten (10) days of the date of the determination, order, or ruling or, if the determination, order, or ruling was mailed, by allowing the statutory time for mailing in addition to the specified time.
A motion for a de novo hearing will not stay the order(s) unless the assigned judge specifically grants a stay of said order(s).
307.2 FINANCIAL DISCLOSURE STATEMENTS
A motion or order to show cause seeking to establish or modify child support, family support and/or maintenance shall contain language requiring both parties to submit to the court at the scheduled hearing a completed financial disclosure statement and verification of income for three (3) months prior to the hearing date. Failure to comply with the disclosure requirements may result in dismissal of the matter, continuance and/or assessment of costs.
RULE 308:
FINDINGS OF FACT, CONCLUSIONS OF LAW,
AND JUDGMENT OF DIVORCE OR PATERNITY
308.1 FINAL PAPERS
The findings of fact, conclusions of law and judgment of divorce or paternity shall be drafted by the petitioner or petitioner's attorney, unless otherwise directed by the court. If any other party is represented by an attorney, the findings of fact, conclusions of law and judgment of divorce or paternity shall be submitted to that attorney for signature. If a party is not represented by an attorney, the findings of fact, conclusions of law and judgment of divorce or paternity shall be submitted to any such party for approval under the five (5) day rule unless the party or the court waives such requirement. After the necessary written signatures are obtained, but no later than thirty (30) days following the granting of the judgment, the findings of fact, conclusions of law and judgment of divorce or paternity shall be submitted to the court commissioner for approval. Final marital settlement agreements or stipulations shall be appended to the judgment and shall be incorporated by reference therein. An original and at least three (3) copies of the findings of fact, conclusions of law and judgment of divorce with attached marital settlement agreements shall be filed. The submitting party shall also include self addressed stamped envelopes so that a conformed copy of the findings of fact, conclusions of law and judgment of divorce can be returned to each of the parties and, if requested, their respective attorneys, so long as sufficient copies and envelopes are supplied.
308.2 REQUIRED PROVISIONS
In addition to provisions required by statute to be included in any findings of fact, conclusions of law and judgment of divorce or paternity, if child support, family support, or maintenance is held open to any party, provision must be made for the payment of any such sums through the Wisconsin Support Collection Trust Fund if such amounts are ordered in the future. The following statutory notices must also be included: notice of payment of receiving and disbursing fees by a payer of child or family support or maintenance; notice of address change, change of employer, and substantial change of income (and the effect of such notification); and if child support is held open, notification of interest on arrearages.
In the event that a party to a divorce action has any interest in real estate at the time the judgment of divorce is granted, the legal description of any such real estate must be included in the judgment of divorce.
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