Abuse of Discretion – Child Placement Order Modification

Listen to this article

WI Court of Appeals – District III

Case Name: Mark Jason Anderson v. Erica Jean Lindquist

Case No.: 2020AP1816

Officials: Stark, P.J., Hruz and Nashold, JJ.

Focus: Abuse of Discretion – Child Placement Order Modification

Erica Lindquist appeals an order granting Mark Anderson’s motion to modify physical placement of the parties’ minor children. Lindquist argues the circuit court erred by determining that the last order substantially affecting physical placement was the parties’ July 2017 divorce judgment, rather than a subsequent order entered in August 2018 that permitted Lindquist to move to Minnesota and exercise physical placement there. In the alternative, Lindquist argues that even if the July 2017 divorce judgment was the last order substantially affecting physical placement, Anderson failed to establish that a substantial change in circumstances had occurred since that time. Finally, Lindquist argues that the court erroneously exercised its discretion by determining that Anderson’s proposed modification of physical placement would be in the children’s best interest. We reject each of these arguments and affirm.

Full Text

Derek A Hawkins is Corporate Counsel, at Salesforce.