Nehls v. Nehls, 819 N.W.2d 335

Dale Nehls appeals a circuit court order denying a de novo hearing after a family court commissioner (FCC) order adopting a GAL recommendation for custody and placement.
The parties were divorced in 2007 with joint custody; in 2009 and 2010 motions to modify were heard by the FCC.
The FCC ultimately ordered a GAL to propose a placement plan; GAL recommended changes and a final order was entered.
Dale did not object to the FCC order within the 15-day window and instead sought de novo review after entry of the FCC order.
The circuit court found Dale waived his right to a de novo hearing by consenting to the FCC order without a prior FCC hearing, and denied the de novo request.
Dale argues for a de novo review under Wis. Stat. § 757.69(8), but the court held waiver forecloses that right and affirmed the denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether consent to FCC order without FCC hearing waives de novo rights	Nehls	Nehls consented to entry of order; de novo allowed by statute	Waived; de novo rights foreclosed
Whether Fond du Lac Rule 3.8(1) aligns with § 757.69(8)	Nehls	Rule 3.8(1) consistent; supports initial FCC hearing	Consistent; rule does not grant de novo when FCC order by stipulation/default
Whether the absence of an FCC hearing affects timeliness/waiver analysis	Nehls	Waiver due to avoidance of FCC hearing; no de novo available	Waiver controls; timeliness question not reached

Hefty v. Strickhouser, 312 Wis. 2d 530 (2008 WI 96) (local rules cannot supersede state rules; de novo review governed by statute)
City of Pewaukee v. Carter, 276 Wis.2d 333 (2004 WI 136) (de novo review presupposes prior hearing; applies statutory construction)
Stuligross v. Stuligross, 316 Wis.2d 344 (2009 WI App 25) (de novo hearing defined; requires initial FCC hearing)
County of Racine v. Smith, 122 Wis.2d 431 (1984) (waiver of appeal rights when judgment consented or induced)