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Louisiana Code of Civil Procedure 3945 - Incidental order of temporary child custody; injunctive relief; exceptions

Art. 3945.  Incidental order of temporary child custody; injunctive relief; exceptions

A.  The injunctive relief afforded either party to an action for divorce or other proceeding which includes a provision for the temporary custody of a minor child shall be governed by the additional provisions of this Article.

B.  An ex parte order of temporary custody of a minor child shall not be granted unless:

(1)  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.

(2)  The applicant's attorney certifies to the court, in writing, either:

(a)  The efforts which have been made to give the adverse party reasonable notice of the date and time such order is being presented to the court.

(b)  The reasons supporting his claim that notice should not be required.

C.  An ex parte order of temporary custody shall:

(1)  Expire by operation of law within thirty days of signing of the order; however, the order may be extended for good cause shown at any time before its expiration for one period not exceeding fifteen days.

(2)  Provide specific provisions for temporary visitation by the adverse party of not less than forty-eight hours during any fifteen-day period, unless the verified petition or supporting affidavit clearly demonstrates that immediate and irreparable injury will result to the child as a result of such visitation.

(3)  Be endorsed with the date on which the ex parte order is signed and the date and hour of the rule to show cause.

D.  The rule to show cause why the respondent should not be awarded the custody, joint custody, or visitation of the child shall be assigned for hearing not more than thirty days after signing of the ex parte order of temporary custody.

E.  Any ex parte order not in compliance with the provisions of this Article is not enforceable, and is null and void.

F.  In the event an ex parte order of temporary custody is denied, the court shall specifically allocate between the parents the time which the child shall spend with each parent, unless immediate and irreparable injury will result to the child.

G.  The provisions of this Article do not apply to any order of custody of a child requested in a verified petition alleging the applicability of the Domestic Abuse Assistance Act, R.S. 46:2131 et seq., Children's Code Article 1564 et seq., or the Post-Separation Family Violence Relief Act, R.S. 9:361 et seq.

Acts 1990, No. 1008, §4, eff. Jan. 1, 1991; Acts 1995, No. 1204, §1; Acts 1997, No. 374, §1; Acts 2009, No. 379, §1.

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