4.10.13 Exclusive Continuing Jurisdiction

La. R.S. 13:1814 provides for exclusive continuing jurisdiction for the court that made an initial custody determination consistent with the jurisdictional rules of La. R.S. 13:1813–1815. This is a bright line test that should make it easy for courts to decide if continuing jurisdiction still exists.

If Louisiana had initial jurisdiction, its exclusive continuing jurisdiction lasts until a Louisiana court decides that neither the child nor the parent(s) or person(s) acting as parent(s) have a significant connection with Louisiana or the foreign state determines that the child, parent(s), and person(s) acting as parent(s) no longer reside in Louisiana. Similarly, Louisiana can’t assume jurisdiction if another state had initial jurisdiction consistent with La. R.S. 13:1813–1815 unless the other state declines jurisdiction or the Louisiana court finds that the child, parent(s), and person(s) acting as parent(s) no longer reside in the state that had exclusive continuing jurisdiction under the UCCJEA.