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Notice Of Hearing And Motion To Enforce Physical Placement Order FA-609 - Wisconsin
|Notice Of Hearing And Motion To Enforce Physical Placement Order Form. This is a Wisconsin form and can be used in Family Court Circuit Court Statewide .||
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FORM SUMMARY Name of Form: Form Number: Petition to Enforce Physical Placement Order FA-609 §§767.471, 801.11 and 801.15(4), Wisconsin Statutes Statutory Reference: Benchbook Reference: Purpose of Form: To allow a parent who has been awarded periods of physical placement to seek enforcement of a physical placement order. The party who seeks to enforce a physical placement order. This person shall be identified as the petitioner, regardless of whether that person was the petitioner or respondent in the underlying action. Who Completes It: Distribution of Form: Original to court, copies to petitioner for service on respondent. Notice of Hearing to Enforce Periods of Physical Placement. FA-609 & FA-610. Modification; last update 10/06. Added Final Judgment/Order (Wamboldt) language. Form created to be used with new Statute §767.242, created by §3054dd. 1999 Wisconsin Act 9. The section takes effect on May 1, 2000 (1999 Act 9, §9457(7yo). Although §767.242(3)(c) requires the acceptance of any legible petition the committee believes that it is appropriate to have a standard form available for use so that all information required by §767.242(3)(a) and (b) is provided. §767.242(3)(d) provides that the petition shall be filed under the principal action under which the periods of physical placement were awarded. Accompanying Forms: New Form/Modification: Modifications: Comments: About this Form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 01/17/2008 Page 1 American LegalNet, Inc. www.FormsWorkflow.com PRINT in BLACK ink Enter the name of the county in which the original case was filed. STATE OF WISCONSIN, CIRCUIT COURT, For Official Use COUNTY Check paternity or marriage. If paternity, enter initials of child. Enter your name, address, and daytime phone number. You are the Petitioner for this proceeding. In RE: The marriage paternity of: , Petitioner (You): First name Middle name Last name Current Mailing Address On the far right, enter the original case number. City State Zip Daytime phone number vs. Respondent (Other Party): Enter the name, address, and daytime phone number of the other party. First name Middle name Last name Notice of Hearing and Petition to Enforce Physical Placement Order Current Mailing Address City State Zip Daytime phone number Case No. NOTICE OF HEARING Please take notice that a hearing on the attached petition shall be held: Before: For Court Use Only: The clerk will complete this section. Circuit Court Judge/Circuit Court Commissioner Location: Date: Time: a.m./p.m. Failure to appear could result in an order being issued granting the relief requested in the petition. A copy of this Notice and Petition shall be served on the other parent not less than 5 days prior to the hearing. If the Petitioner seeks to have you found in contempt of court for non-compliance with the judgment or court order, and if you are found in contempt of court, a jail sentence could be imposed. You therefore have the right to be represented by an attorney at this hearing. Unless good cause is shown, failure to appear with an attorney may be considered a waiver of that right. If you need help in this matter because of a disability, please call: FA-609, 01/08 Notice of Hearing and Petition to Enforce Physical Placement Order Page 1 of 2 §§767.471, 801.11, and 801.15(4), Wisconsin Statutes American LegalNet, Inc. www.FormsWorkflow.com This form shall not be modified. It may be supplemented with additional material. Notice of Hearing and Petition to Enforce Physical Placement Order Page 2 of 2 Case No. ____________ PETITION TO ENFORCE PHYSICAL PLACEMENT ORDER Based upon the following: 1. I was awarded periods of physical placement of: (name of children) by judgment or order of the Circuit Court or Family Court Commissioner of County. A copy of the physical placement order is attached. Check all that apply. 2. I have: had one or more period of physical placement denied by the respondent. A. had one or more period of physical placement substantially interfered with by the B. respondent. incurred a financial loss or expense as a result of the respondent's intentional failure to C. exercise periods of physical placement, without adequate notice, under an order allocating specific times for the exercise of placement. Enter facts explaining the problems you are experiencing. 3. The facts explaining what happened are: See attached I REQUEST THAT THE COURT ISSUE AN ORDER: 1. Granting additional periods of physical placement to replace those denied or interfered with. 2. Awarding reasonable costs and attorney fees. Requiring the other parent return the child to me. 3. Changing the current order to specify the times for the exercise of periods of physical 4. placement. Finding the respondent in contempt. 5. Granting an injunction ordering the respondent to strictly comply with the judgment or order. 6. Requiring the respondent to pay me a sum of money sufficient to compensate for financial 7. loss or expenses resulting from the respondent's intentional and unreasonable failure to exercise periods of placement under an order allocating specific times. Check all that apply. THIS IS A FINAL JUDGMENT/ORDER FOR PURPOSES OF APPEAL. STOP! Take this document to a Notary Public BEFORE you sign it. After you have been sworn by a Notary Public, sign and print your name and date the document in front of the Notary Public. Have the Notary Public sign, date, and seal the document. Signature Print or Type Name Date Subscribed and sworn to before me on Notary Public, State of Wisconsin (Seal) My commission expires: FA-609, 01/08 Notice of Hearing and Petition to Enforce Physical Placement Order Page 2 of 2 §§767.471, 801.11, and 801.15(4), Wisconsin Statutes American LegalNet, Inc. www.FormsWorkflow.com This form shall not be modified. It may be supplemented with additional material.