4.10.16 Attorney Fees

La. R.S. 13:1834 strengthens and expands the prevailing party’s claims for attorney fees and other expenses in an UCCJEA enforcement proceeding. La. R.S. 13:1834 mandates the award of attorney fees unless the party from whom fees are sought establishes that the award would be “clearly inappropriate.” The comments to the model UCCJEA state that attorney fees may be inappropriate if an award would cause a parent and child to seek public assistance. The same rule for attorney fees and costs applies under La. R.S. 13:1820 for cases that are dismissed or stayed because a court declined jurisdiction because of a party’s unjustifiable conduct, e.g., removing the child to Louisiana to avoid the home state’s jurisdiction.
     
A wonderful resource for interstate custody questions is the Legal Resource Center on Violence Against Women, which provides technical assistance and training on interstate custody issues, including the UCCJEA.1

• 1Legal Resource Ctr. on Violence Against Women.