It is time for Wisconsin to reconsider the law regarding contingent placement orders.
The May edition of the Wisconsin Journal of Family Law features point/counterpoint articles on the topic by two very thoughtful family law judicial officers: Brown County Judge Tom Walsh and Milwaukee County Assistant Family Court Commissioner Bill Honrath.
In Koeller v. Koeller, 195 Wis. 2d 660, 536 N.W.2d 216 (Ct. App. 1995), the Court of Appeals held that a court cannot order a future change in custody premised on circumstances that might occur in the future. Later, in Culligan v. Cindric, 2003 WI App 180, 266 Wis. 2d 534, 669 N.W.2d 175, the Court of Appeals held that a court cannot order a change of placement that is prospective and contingent on the occurrence of some anticipated event.
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