4.10.9 Temporary Emergency Jurisdiction
4.10.9 Temporary Emergency Jurisdiction aetrahan Mon, 06/26/2023 - 11:28Temporary emergency jurisdiction exists “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.”1 Because the statute grants emergency jurisdiction in cases of abuse, it clarifies a Louisiana court’s authority to issue temporary orders to protect family violence victims who may have fled to Louisiana.
If a prior custody order exists, the judge must confer with the other state’s judge.2 Then, the court with temporary emergency jurisdiction must specify a reasonable time limit for the plaintiff to obtain an order from the state with proper La. R.S. 13:1813–1815 jurisdiction. The temporary emergency order will remain in effect until an order is obtained from the other state or the time limit expires.3
There is a mandatory duty for a Louisiana court to communicate with the other state’s judge if (1) the Louisiana court has been asked to make a custody determination under emergency jurisdiction and it is informed that a child custody proceeding or order exists in a state having La. R.S. 13:1813–1815 jurisdiction; or (2) if the Louisiana court has La. R.S. 13:1813–1815 jurisdiction and it is informed that another state has exercised emergency jurisdiction. The purpose of the communication is to resolve the jurisdiction, protect the safety of the parties and child, and determine the duration of the temporary custody order.4