In Re Paternity of Pero
Absent a motion, petition or order to show cause brought by a party, the trial court lacked authority to amend or modify a custody order from joint to sole custody.
Absent a motion, petition or order to show cause brought by a party, the trial court lacked authority to amend or modify a custody order from joint to sole custody.
Circuit court did not erroneously exercise its discretion in admitting expert testimony on a legal definition, even if the testimony embraced an ultimate issue. The expert’s testimony encompassed specialized financial knowledge that would assist the jury in understanding the evidence presented.
Court will not aid either party to an illegal agreement. Contract to hide an asset from wife is not enforceable.
Trial court erred in not affording movant an opportunity to present testimony when he requested a “hearing de novo”. He was entitled to a fresh look at the issues.
“Clean hands doctrine” prohibits relief to wife who transferred condo to friend to avoid it being considered in divorce action. (Not published, but citable.)
Trial court was not required to accept the opinion of the only expert as to husband’s income. (Not published, but citable.)
Court did not misuse its discretion in not conducting evidentiary hearing on placement where it interpreted the motion to fill in the void from a previous order rather than to modify placement. (Not published, but citable.)
Trial court could order child support in contempt action where the wife requested child support in her affidavit to contempt action and husband responded, showing that he had notice. (Not published, but citable.)
Trial court impermissibly delegated judicial power to the referee which is constitutionally vested in the court system. The Wisconsin Constitution provides a judicial system for a resolution of disputes. Used properly, a court may appoint and assign functions to a referee. But in this case, the court’s order impermissibly delegated power to the referee by using the standard of erroneous exercise of discretion.