Hughes v. Hughes
In Hughes v. Hughes, 223 Wis. 2d 111, 588 N.W.2d 346 (Ct. App. 1998), the mother gave notice to the father pursuant to Wis. Stat. 767.327 of her intent to move out of state with their daughter, of whom she had primary physical placement.
The father objected to the proposed move and filed a motion to modify placement of the child by awarding him primary physical placement or, in the alternative, prohibiting the mother from moving with the child. See id., 223 Wis. 2d at 115, 588 N.W.2d at 349.
The trial court determined that it could use either Wis. Stat. 767.325 or 767.327 in making its decision, and granted the father's motion using 767.325. See id., 223 Wis. 2d at 117-118, 588 N.W.2d at 350.
On appeal, the mother argued that since she filed her notice of intent to move before the father filed his motion to modify placement, 767.327 governed.
The Court disagreed, holding: "Once the father filed a motion to modify physical placement based on circumstances other than the move, the trial court could consider all relevant circumstances, including, but not limited to the move, in deciding whether to modify physical placement under 767.325(1)(b)." Id., 223 Wis. 2d 125, 588 N.W.2d at 353.