reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1811. Taking testimony in another state

RS 13:1811 - Taking testimony in another state
A. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
B. A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
C. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1812. Cooperation between courts; preservation of records

RS 13:1812 - Cooperation between courts; preservation of records
A. A court of this state may request the appropriate court of another state to:
(1) Hold an evidentiary hearing.
(2) Order a person to produce or give evidence pursuant to procedures of that state.
(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding.
(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request.
(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
B. Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in Subsection A of this Section.
C. Travel and other necessary and reasonable expenses incurred under Subsections A and B of this Section may be assessed against the parties according to the law of this state.
D. A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1813. Initial child custody jurisdiction

RS 13:1813 - Initial child custody jurisdiction
A. Except as otherwise provided in R.S. 13:1816, a court of this state has jurisdiction to make an initial child custody determination only if:
(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state, or had been the child's home state within twelve months before commencement of the proceeding and the child is absent from the state because he was required to leave or was evacuated due to an emergency or disaster declared under the provisions of R.S. 29:721 et seq., or declared by federal authority, and for an unforeseen reason resulting from the effects of such emergency or disaster was unable to return to this state for an extended period of time.
(2) A court of another state does not have jurisdiction or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under R.S. 13:1819 or 1820, and
(a) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence.
(b) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships.
(3) All courts having jurisdiction have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under R.S. 13:1819 or 1820; or
(4) No court of any other state would have jurisdiction under the criteria specified in Paragraph (1), (2), or (3) of this Subsection.
B. Subsection A of this Section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
C. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1814. Exclusive, continuing jurisdiction

RS 13:1814 - Exclusive, continuing jurisdiction
A. Except as otherwise provided in R.S. 13:1816, a court of this state which has made a child custody determination consistent with R.S. 13:1813 or 1815 has exclusive, continuing jurisdiction over the determination until:
(1) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or
(2) A court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.
B. A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this Section may modify that determination only if it has jurisdiction to make an initial determination under R.S. 13:1813.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1815. Jurisdiction to modify determination

RS 13:1815 - Jurisdiction to modify determination
Except as otherwise provided in R.S. 13:1816, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under R.S. 13:1813(A)(1) or (2) and:
(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under R.S. 13:1814 or that a court of this state would be a more convenient forum under R.S. 13:1819; or
(2) A court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1816. Temporary emergency jurisdiction

RS 13:1816 - Temporary emergency jurisdiction
A. A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
B. If there is no previous child custody determination that is entitled to be enforced under this Act and a child custody proceeding has not been commenced in a court of a state having jurisdiction under R.S. 13:1813 through 1815, a child custody determination made under this Section remains in effect until an order is obtained from a court of a state having jurisdiction under R.S. 13:1813 through 1815. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under R.S. 13:1813 through 1815, a child custody determination made under this Section becomes a final determination, if it so provides and this state becomes the home state of the child.
C. If there is a previous child custody determination that is entitled to be enforced under this Act, or a child custody proceeding has been commenced in a court of a state having jurisdiction under R.S. 13:1813 through 1815, any order issued by a court of this state under this Section shall specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under R.S. 13:1813 through 1815. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
D. A court of this state which has been asked to make a child custody determination under this Section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by a court of a state having jurisdiction under R.S. 13:1813 through 1815, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to R.S. 13:1813 through 1815, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by a court of another state under a statute similar to this Section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1817. Notice; opportunity to be heard; joinder

RS 13:1817 - Notice; opportunity to be heard; joinder
A. Before a child custody determination is made under this Act, notice and an opportunity to be heard in accordance with the standards of R.S. 13:1808 shall be given to all persons entitled to notice under the laws of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
B. This Act does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
C. The obligation to join a party and the right to intervene as a party in a child custody proceeding under this Act are governed by the laws of this state as in child custody proceedings between residents of this state.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1818. Simultaneous proceedings

RS 13:1818 - Simultaneous proceedings
A. Except as otherwise provided in R.S. 13:1816, a court of this state may not exercise its jurisdiction under this Subpart if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this Act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under R.S. 13:1819.
B. Except as otherwise provided in R.S. 13:1816, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to R.S. 13:1821. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this Act, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this Act does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
C. In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2) Enjoin the parties from continuing with the proceeding for enforcement; or
(3) Proceed with the modification under conditions it considers appropriate.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1819. Inconvenient forum

RS 13:1819 - Inconvenient forum
A. A court of this state which has jurisdiction under this Act to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.
B. Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child.
(2) The length of time the child has resided outside this state.
(3) The distance between the court in this state and the court in the state that would assume jurisdiction.
(4) The relative financial circumstances of the parties.
(5) Any agreement of the parties as to which state should assume jurisdiction.
(6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child.
(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence.
(8) The familiarity of the court of each state with the facts and issues in the pending litigation.
C. If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
D. A court of this state may decline to exercise its jurisdiction under this Act if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1820. Jurisdiction declined by reason of conduct

RS 13:1820 - Jurisdiction declined by reason of conduct
A. Except as otherwise provided in R.S. 13:1816, if a court of this state has jurisdiction under this Act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) A court of the state otherwise having jurisdiction under R.S. 13:1813 through 1815 determines that this state is a more appropriate forum under R.S. 13:1819; or
(3) No court of any other state would have jurisdiction under the criteria specified in R.S. 13:1813 through 1815.
B. If a court of this state declines to exercise its jurisdiction pursuant to Subsection A of this Section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under R.S. 13:1813 through 1815.
C. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to Subsection A of this Section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this Act.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1821. Information to be submitted to court

RS 13:1821 - Information to be submitted to court
A. Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit shall state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any.
(2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding.
(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
B. If the information required by Subsection A of this Section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
C. If the declaration as to any of the items described in Paragraphs (1) through (3) of Subsection A is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
D. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
E. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information shall be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1822. Appearance of parties and child

RS 13:1822 - Appearance of parties and child
A. In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
B. If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to R.S. 13:1808 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
C. The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this Section.
D. If a party to a child custody proceeding who is outside this state is directed to appear under Subsection B of this Section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1855. Jurisdiction

RS 13:1855 - Jurisdiction
A. A petition under this Part may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under the provisions of R.S. 13:1813 through 1816.
B. A court of this state has temporary emergency jurisdiction under the provisions of R.S. 13:1816, if the court finds a credible risk of abduction.
Acts 2007, No. 369, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1823. Definitions

RS 13:1823 - Definitions
A. "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
B. "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1824. Enforcement under Hague Convention

RS 13:1824 - Enforcement under Hague Convention
Under this Subpart a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1825. Duty to enforce

RS 13:1825 - Duty to enforce
A. A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this Act or the determination was made under factual circumstances meeting the jurisdictional standards of this Act and the determination has not been modified in accordance with this Act.
B. A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this Subpart are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1826. Temporary visitation

RS 13:1826 - Temporary visitation
A. A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
(1) A visitation schedule made by a court of another state; or
(2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.
B. If a court of this state makes an order under Paragraph (2) of Subsection A of this Section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Subpart B. The order remains in effect until an order is obtained from the other court or the period expires.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1828. Enforcement of registered determination

RS 13:1828 - Enforcement of registered determination
A. A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.
B. A court of this state shall recognize and enforce, but may not modify, except in accordance with Subpart B, a registered child custody determination of a court of another state.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1829. Simultaneous proceedings

RS 13:1829 - Simultaneous proceedings
If a proceeding for enforcement under this Subpart is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Subpart B, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1831. Service of petition and order

RS 13:1831 - Service of petition and order
Except as otherwise provided in R.S. 13:1833, the petition and order shall be served, by any method authorized by Louisiana law, upon respondent and any person who has physical custody of the child.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1832. Hearing and order

RS 13:1832 - Hearing and order
A. Unless the court issues a temporary emergency order pursuant to R.S. 13:1816, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1) The child custody determination has not been registered and confirmed under R.S. 13:1827 and that:
(a) The issuing court did not have jurisdiction under Subpart B;
(b) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subpart B; or
(c) The respondent was entitled to notice, but notice was not given in accordance with the standards of R.S. 13:1808, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child custody determination for which enforcement is sought was registered and confirmed under R.S. 13:1827 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subpart B.
B. The court shall award the fees, costs, and expenses authorized under R.S. 13:1834 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
C. If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
D. A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this Subpart.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1833. Warrant to take physical custody of child

RS 13:1833 - Warrant to take physical custody of child
A. Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.
B. If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition shall be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant shall include the statements required by R.S. 13:1830(B).
C. A warrant to take physical custody of a child shall:
(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based.
(2) Direct law enforcement officers to take physical custody of the child immediately.
(3) Provide for the placement of the child pending final relief.
D. The respondent shall be served with the petition, warrant, and order immediately after the child is taken into physical custody.
E. A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
F. The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1834. Costs, fees, and expenses

RS 13:1834 - Costs, fees, and expenses
A. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
B. The court may not assess fees, costs, or expenses against a state unless authorized by law other than this Act.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1835. Recognition and enforcement

RS 13:1835 - Recognition and enforcement
A court of this state shall accord full faith and credit to an order issued by another state and consistent with this Act which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Subpart B.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1836. Appeals

RS 13:1836 - Appeals
An appeal may be taken from a final order in a proceeding under this Subpart in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under R.S. 13:1816, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1837. Role of prosecutor or public official

RS 13:1837 - Role of prosecutor or public official
A. In a case arising under this Part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this Subpart or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:
(1) An existing child custody determination;
(2) A request to do so from a court in a pending child custody proceeding;
(3) A reasonable belief that a criminal statute has been violated; or
(4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
B. A prosecutor or appropriate public official acting under this Section acts on behalf of the court and may not represent any party.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1838. Role of law enforcement

RS 13:1838 - Role of law enforcement
At the request of a prosecutor or other appropriate public official acting under R.S. 13:1837, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under R.S. 13:1837.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1839. Costs and expenses

RS 13:1839 - Costs and expenses
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under R.S. 13:1837 or 1838.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1856. Contents of petition

RS 13:1856 - Contents of petition
A petition under this Part shall be verified and include a copy of any existing child-custody determination, if available. The petition shall specify the risk factors for abduction, including the relevant factors described in R.S. 13:1857. Subject to the provisions of R.S. 13:1821(E), if reasonably ascertainable, the petition shall contain:
(1) The name, date of birth, and gender of the child.
(2) The customary address and current physical location of the child.
(3) The identity, customary address, and current physical location of the respondent.
(4) A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action.
(5) A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case.
(6) Any other information required to be submitted to the court for a child-custody determination under R.S. 13:1821.
Acts 2007, No. 369, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1859. Warrant to take physical custody of child

RS 13:1859 - Warrant to take physical custody of child
A. If a petition under this Part contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
B. The respondent on a petition under Subsection A of this Section shall be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
C. An ex parte warrant under Subsection A of this Section to take physical custody of a child shall:
(1) Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based.
(2) Direct law enforcement officers to take physical custody of the child immediately.
(3) State the date and time for the hearing on the petition.
(4) Provide for the safe interim placement of the child pending further order of the court.
D. If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, child abuse or neglect.
E. The petition and warrant shall be served on the respondent when or immediately after the child is taken into physical custody.
F. A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
G. If the court finds, after a hearing, that a petitioner sought an ex parte warrant under Subsection A of this Section for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney fees, costs, and expenses.
H. This Part does not affect the availability of relief allowed under the laws of this state other than this Part.
Acts 2007, No. 369, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1860. Duration of abduction prevention order

RS 13:1860 - Duration of abduction prevention order
An abduction prevention order remains in effect until the earliest of:
(1) The time stated in the order.
(2) The emancipation of the child.
(3) The child's attaining eighteen years of age.
(4) The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under the provisions of R.S. 13:1813 through 1815 and other applicable law of this state.
Acts 2007, No. 369, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1840. Application and construction

RS 13:1840 - Application and construction
In applying and construing this Part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1841. Severability clause

RS 13:1841 - Severability clause
If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1842. Transitional provision

RS 13:1842 - Transitional provision
A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before August 15, 2007, is governed by the law in effect at the time the motion or other request was made.
Acts 2006, No. 822, §1, eff. Aug. 15, 2007.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1852. Definitions

RS 13:1852 - Definitions
For purposes of this Part, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Abduction" means the wrongful removal or wrongful retention of a child beyond the territorial limits of the United States.
(2) "Child" means an unemancipated individual who is less than eighteen years of age.
(3) "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order.
(4) "Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence.
(5) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.
(6) "Petition" includes a motion or its equivalent.
(7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.
(9) "Travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. The term does not include a passport or visa.
(10) "Wrongful removal" means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state.
(11) "Wrongful retention" means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state.
Acts 2007, No. 369, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1854. Actions for abduction prevention measures

RS 13:1854 - Actions for abduction prevention measures
A. A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
B. A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this Part.
C. A prosecutor or public authority designated under R.S. 13:1837 may seek a warrant to take physical custody of a child under R.S. 13:1859 or other appropriate prevention measures.
Acts 2007, No. 369, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1861. Uniformity of application and construction

RS 13:1861 - Uniformity of application and construction
In applying and construing this Part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 2007, No. 369, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1862. Relation to electronic signatures in Global and National Commerce Act and the Louisiana Uniform Electronic Transactions Act

RS 13:1862 - Relation to electronic signatures in Global and National Commerce Act and the Louisiana Uniform Electronic Transactions Act
This Part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., and the Louisiana Uniform Electronic Transactions Act, R.S. 9:2601 et seq., but does not modify, limit, or supersede Section 101(c) of the Act, 15 U.S.C. Section 7001(c), of that Act or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. Section 7003(b) or R.S. 9:2603(B)(4).
Acts 2007, No. 369, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1871. Scope of provisions

RS 13:1871 - Scope of provisions
This Part does not apply to the city, municipal, or traffic courts of the city of New Orleans.
Except as otherwise specifically provided by law, the provisions of this Part apply to all other city courts, whether presently in existence or hereafter created.
For the purposes of this Part, the term "city court" includes "municipal court".
Acts 1960, No. 32, §3, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1873. Qualifications of judges

RS 13:1873 - Qualifications of judges
Judges of city courts elected after the effective date of this Section shall be licensed to practice law in the State of Louisiana for at least five years previous to their election, and qualified resident electors of the territorial jurisdiction of the court for at least two years prior to their election.
Acts 1960, No. 32, §3, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1874.1. Compensation of city court judges; maximum

RS 13:1874.1 - Compensation of city court judges; maximum
A. The salary of a judge of a city court shall in no case exceed the salary of a district court judge of the judicial district in which the city court is located.
B. If, on the effective date of this Section, a city court judge is receiving a salary in excess of that permitted by Subsection A of this Section, his salary shall not be reduced during the term of office for which he was elected; provided, however, that upon the expiration of said term of office, or if a vacancy occurs in said office, the salary for said office shall thereafter conform to the provisions of Subsection A of this Section.
C. The term "salary" as used in this Section means the total annual compensation paid directly or indirectly from all sources for services as judge.
Added by Acts 1977, No. 366, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:1877. Marriage ceremony; judges' authority to perform

RS 13:1877 - Marriage ceremony; judges' authority to perform
Judges of city courts, at any place within the parish in which the court is situated, may perform any marriage for which a lawful Louisiana marriage license has been issued, regardless of the parish of issuance of the license.
Acts 1960, No. 32, §3, eff. Jan. 1, 1961. Amended by Acts 1980, No. 662, §2.