Wisconsin appellate court affirms order for mother to return

A Wisconsin Court of Appeals decision recently affirmed a lower court’s ruling that a mother who had moved her children out of state had to return to Wisconsin and re-enroll her children in their former school district. The mother and the father had previously been granted joint legal custody, with the mother being granted 60 percent physical custody time.

The mother and her former husband are parents of two children who have autism. Following the initial custody order, the mother had gotten a job in Illinois. She filed a motion with the court to allow her to move the children out of state. At the modification hearing, she had told the court that the children would be attending school in one of two schools located in the Lincolnshire/Deerfield area. The motion was granted by the court.

The mother did not move to Lincolnshire or Deerfield. Instead, she moved the children to Round Lake. She also filed a separate action in Illinois for divorce against the father. The father filed a motion to have the mother be required to move back to Wisconsin. The court granted the father’s motion, ruling that the mother did not do what she had stated in order to get the out-of-state move approved. The court also ruled she had engaged in overtrial by having proceedings in two different states against the father. She was ordered to either move the children back to Wisconsin or to lose primary placement of them. She was also ordered to pay the father’s court costs and attorney fees.

When parents go to court to seek a modification of a child custody order, it is highly important that they are honest with the court. Failing to follow through with what has been approved can result in negative legal consequences.

Source: State Bar of Wisconsin, “Appeals Court Upholds Order Requiring Mother to Move Back to School District“, Joe Forward, October 31, 2014