Louisiana Emergency Custody Motion
Ex parte order expires in 30 days (one 15-day extension); rule to show cause heard within 30 days.
Find out where you stand in Louisiana
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Introduction
La. Code Civ. Proc. art. 3945: verified facts must clearly show immediate and irreparable injury to the child before the adverse party or his attorney can be heard in opposition. Hearing within 30 days; order expires in 30 days, one 15-day extension.
Key Things to Know
- 1
If a child is in immediate danger, call 911 now. A court filing takes time and cannot protect a child in the moment.
- 2
Louisiana calls this an ex parte order of temporary custody, governed by La. Code Civ. Proc. art. 3945. The court decides whether to grant it.
- 3
The order cannot be granted unless it clearly appears from specific facts shown by a verified petition or by supporting affidavit that immediate and irreparable injury will result to the child before the adverse party or his attorney can be heard in opposition.
- 4
The applicant's attorney must certify in writing either the efforts made to give the other parent reasonable notice of the date and time of presentation, or the reasons notice should not be required. The article states no fixed hour or day count for that notice.
- 5
The rule to show cause must be assigned for hearing not more than 30 days after the order is signed. The order expires by operation of law within 30 days of signing, and may be extended once for good cause, for up to 15 days, if requested before it expires.
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The order must give the other parent visitation of not less than 48 hours per 15-day period, unless the petition or affidavit shows irreparable injury to the child from visitation. An order that does not comply with the article is null and void.
- 7
Where abuse is involved, a protective order under La. R.S. 46:2135 may include temporary custody, and art. 3945 does not apply to custody requested under that Act. Report abuse to child protective services. For non-emergency changes, see the modifying child custody guide.
Key decisions before you file
Before you file a Emergency Custody Motion in Louisiana, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.
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Louisiana Requirements for Emergency Custody Motion
Ex Parte Order Under Art. 3945
Except for custody sought under the Domestic Abuse Assistance Act, Children's Code art. 1564 et seq. or R.S. 9:361 et seq., Louisiana allows an ex parte order of temporary custody only when La. Code Civ. Proc. art. 3945 is met.
Immediate and Irreparable Injury
Specific facts in a verified petition or supporting affidavit must clearly show immediate and irreparable injury to the child before the adverse party can be heard (art. 3945(B)(1)).
Verified Petition or Affidavit
The facts of the emergency must be sworn, either in a verified petition or in a supporting affidavit.
Attorney Certificate on Notice
The applicant's attorney must certify in writing the efforts made to give reasonable notice, or the reasons notice should not be required (art. 3945(B)(2)).
Rule to Show Cause Within 30 Days
The rule to show cause must be assigned for hearing not more than 30 days after the order is signed (art. 3945(D)).
30-Day Order With One 15-Day Extension
The order expires by operation of law within 30 days of signing; one extension of up to 15 days may be granted for good cause if requested before expiration (art. 3945(C)(1)).
48 Hours Visitation Per 15 Days
The order must include visitation of not less than 48 hours per 15-day period unless the facts show irreparable injury from visitation (art. 3945(C)(2)).
Emergency Jurisdiction Under R.S. 13:1816
A Louisiana court has temporary emergency jurisdiction if the child is present and abandoned, or emergency protection is needed because of mistreatment or abuse.