Title 13, Courts and Judicial Procedure

§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, …

§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 ha…

§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 …

§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. 82…

§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 meeti…

§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 det…

§1827. Registration of child custody determination A. A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state: (1) A letter or other…

§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, …

§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 u…

§1830. Expedited enforcement of child custody determination A. A petition under this Subpart shall be verified. Certified copies of all orders sought to be enforced and of any order confirming registration shall be attached to the petition. A copy of a certified copy of an order …

§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.

§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 …

§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 l…

§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 e…

§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 modi…

§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 en…

§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 proceed…

§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 offic…

§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, N…

§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.

§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 thi…

§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 20…

§1851. Short title This Part may be cited as the Uniform International Child Abduction Prevention Act. Acts 2007, No. 369, §1.

§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) …

§1853. Cooperation and communication among courts The provisions of R.S. 13:1810 through 1812 apply to cooperation and communications among courts in proceedings under this Part. Acts 2007, No. 369, §1.

§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 determinat…

§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 jurisd…

§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 t…

§1857. Factors to determine risk of abduction A. In determining whether there is a credible risk of abduction of a child, the court shall consider all of the following factors and any evidence that the petitioner or respondent: (1) Has previously abducted or attempted to abduct t…

§1858. Provisions and measures to prevent abduction A. If a petition is filed under this Part, the court may enter an order that shall include: (1) The basis for the court's exercise of jurisdiction. (2) The manner in which notice and opportunity to be heard were given to the per…

§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…

§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, …

§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.

§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., an…

§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 crea…

§1872. City courts and judges; abolition of office of justice of the peace and constable; submission of proposition to electors; election and terms of office; Donaldsonville excepted; Houma City Court territorial jurisdiction A.(1) In all wards where city courts exist and in ward…

§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 o…

§1874. Compensation of judges in general A.(1) Except as otherwise provided in R.S. 13:1875, city court judges shall receive an annual salary payable monthly in equal proportions by the respective municipalities and parishes where the courts are located, as follows: (a) Those in …

§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 …

§1875. Compensation of city judges; particular courts The judges of the following city courts shall receive the salaries provided in this Section: (1) The judge of the City Court of Abbeville shall receive an annual salary of forty-eight hundred dollars, payable monthly on his ow…

§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…

§1878. Declaration of candidates for office; determination of chief judge A. Where a city court is composed of more than two divisions, a candidate for nomination and election to the office of judge of the city court, at the time of filing his declaration as a candidate, shall de…

§1879. Marshals and constables; election; term of office; exceptions A.(1) Except as provided in Subsection B of this Section, for each city court there shall be a marshal or constable, as he may be designated. Except as provided in Paragraph (B)(1) of this Section, each marshal …

§1880. Qualifications of marshal; bond A.(1) The marshal shall be a resident elector of the territorial jurisdiction of the court and shall possess a high school diploma or its equivalent as determined by the Board of Elementary and Secondary Education; however, the requirement o…

§1881. General powers and duties of marshal; deputy marshals A. The city or ward marshal shall be the executive officer of the court and shall execute the orders and mandates of the court. In the execution of these orders and mandates, and in making arrests and preserving the pea…

§1882. Absence or inability of marshal; vacancy in office A. When the marshal is absent or unable to act for any cause, the judge may appoint any other person as temporary marshal. B. Repealed by Acts 1999, No. 1345, §4. C. If the unexpired term is for a longer period than one ye…

§1883. Compensation of marshal A. The marshals of the city courts enumerated in this Subsection shall receive as compensation for their services the following minimum salaries, payable monthly on their own warrant and which, except as otherwise indicated, shall be paid in equal p…

§1884. Clerk of court; appointment, term of office Except as otherwise provided by law, the judge of each city court may appoint a clerk for both the civil and criminal sections of the court who shall serve at the pleasure of the judge and until his successor is appointed and qua…

§1885. General powers and duties of clerk A. The clerk shall keep the minute entries of the court and a docket of all proceedings had in civil and criminal matters. Notwithstanding any other provision of law to the contrary, such minute entries may be contained in the official co…

§1886. Qualifications of clerk; bond The clerk shall be a qualified elector of the state. Before entering upon the discharge of his duties the clerk shall give bond in favor of the city judge in an amount to be fixed by him at not less than one thousand dollars conditioned for th…