4.10.12 Motions to Decline Jurisdiction
4.10.12 Motions to Decline Jurisdiction aetrahan Mon, 06/26/2023 - 11:36Under La. R.S. 13:1819, a Louisiana court may decline its UCCJEA jurisdiction at any time if it determines that it is an inconvenient forum and that another state is a more appropriate forum.1 A motion to decline may be raised at any time by any party, by the court on its own motion, or at the request of another court.2 Only the court with UCCJEA jurisdiction may decide if it is an inconvenient forum.3
The first inquiry under La. R.S. 13:1819 is whether it is appropriate for the court of another state to exercise jurisdiction.4 The court must allow the parties to submit “information” on this issue and shall consider 8 specific statutory factors.5 The use of “information” instead of “evidence” suggests that this issue may be decided on briefs, affidavits, and other information. There are few appellate opinions on this issue. Like any other factor analysis, it is fact intensive. Be prepared to plea with specificity the facts supporting each factor in your favor and provide evidentiary support when available.
Often, factors #1 and #2, domestic violence and the length of time that the child has resided outside of Louisiana, will be the major factors in the La. R.S. 13:1819 analysis. A Louisiana court with UCCJEA jurisdiction may decline in favor of the victim’s refuge state. The leading case on the domestic violence factor for an inconvenient forum analysis is Stoneman v. Drollinger.6
The UCCJEA does not require a Louisiana court with proper UCCJEA jurisdiction to communicate with the court of another state before it decides to decline jurisdiction to that court as a more appropriate forum.7 However, if the Louisiana court communicates with the other state’s court on a substantive matter, it must make a record of the communication.8 Furthermore, the parties must be informed of the communication and granted access to the record of the communication.9 Finally, if the parties are not able to participate in the inter-court communications, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.10
Under La. R.S. 13:1820, a Louisiana court must decline jurisdiction (except in limited circumstances) if the person seeking to invoke its jurisdiction has engaged in “unjustifiable conduct.” Unjustifiable conduct may include wrongful removal, retention, or concealment of the child. How does La. R.S. 13:1820 apply to a domestic violence victim who seeks refuge in Louisiana, possibly in violation of a custody decree? La. R.S 13:1820 says that mandatory declination of jurisdiction does not apply where domestic violence victim invoked temporary jurisdiction pursuant to La. R.S. 13:1816. In addition, the comments to § 208 of the model UCCJEA state that a domestic violence victim’s flight to another state in violation of a custody decree should not result in that state’s automatic dismissal of the victim’s custody suit. Rather, an inquiry should be made into whether the flight was justified under the circumstances.