By: Derek Hawkins//May 22, 2019//
WI Court of Appeals – District IV
Case Name: J.P. v. A.P.
Case No.: 2018AP1775; 2018AP1776; 2018AP1777; 2018AP1778
Officials: LUNDSTEN, P.J.
Focus: Termination of Parental Rights
A.P. appealed the circuit court’s orders terminating her parental rights to her children A.P., D.P., N.P., and T.P. After these appeals were filed, this court remanded to the circuit court and the termination orders were vacated. Therefore, all that remains is A.P.’s challenge to a statutory jurisdictional ruling and, if I conclude that the jurisdictional ruling was in error, the appropriate remedy. More specifically, the jurisdictional issue is whether the circuit court correctly found, under WIS. STAT. § 822.23, that it had jurisdiction to enter an order modifying a Minnesota custody order. I agree with A.P. that, based on the record before it, the circuit court had insufficient information to affirmatively find that it had such jurisdiction. As to the proper remedy, I reject A.P.’s request for dismissal of these actions and instead remand for further proceedings.