4.10.15 Enforcement Remedies
4.10.15 Enforcement Remedies aetrahan Mon, 06/26/2023 - 11:47The UCCJEA does not require a foreign decree to be registered in order to be enforced. La. R.S. 13:1827 states that the other state’s decree may be registered in a Louisiana court by sending the Louisiana court a “letter or other document requesting registration” along with two copies (one must be certified) of the foreign judgment and other information. On receipt of the documents, the Louisiana court is supposed to file the foreign judgment and serve notice on the opposing party advising that party that the foreign judgment is immediately enforceable as a Louisiana judgment and that the party has 20 days to request a hearing to contest the validity of the registered foreign judgment.
The grounds to contest the foreign judgment are (1) lack of UCCJEA jurisdiction; (2) vacatur, stay, or modification of the foreign judgment by a court with UCCJEA jurisdiction; and (3) lack of notice of the foreign court proceeding in accordance with the standards of La. R.S. 13:1808. No other defenses are allowed. La. R.S. 13:1828 further provides that a Louisiana court may grant any relief available under Louisiana law to enforce a registered child custody determination made by a court of another state.
La. R.S. 13:1827 speaks of simply filing a “letter or other document” to register and confirm a foreign custody judgment or order. However, La. R.S. 13:1830 requires a verified petition for “expedited” enforcement of a foreign custody judgment or order when a party seeks immediate physical custody pursuant to the foreign custody decree. Interestingly, La. R.S. 13:1830(C) states that the hearing shall be heard on the next judicial day after service of the order directing the respondent to appear at a hearing.
La. R.S. 13:1835 mandates that a Louisiana court accord full faith and credit or enforce another state’s custody order where jurisdiction was exercised in “substantial conformity” or is consistent with the UCCJEA. La. R.S. 13:1805 allows for international application of the UCCJEA and treats the foreign country as if it were a state of the USA.1
Appeals from a final order in a proceeding to enforce a foreign custody determination must be expedited, and the Louisiana trial court is prohibited from staying an order enforcing the child custody determination pending appeal. Only the appellate court may issue a stay.2 Also, the U.S. Supreme Court has ruled that the PKPA (and thus, the UCCJEA) do not create an implied cause of action in federal court.3 Rather, the federal full faith and credit clause must be enforced in the state courts.