Louisiana Revised Statutes 9:355.12 – Temporary order
Terms Used In Louisiana Revised Statutes 9:355.12
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Relocation: means a change in the principal residence of a child for a period of sixty days or more, but does not include a temporary absence from the principal residence. See Louisiana Revised Statutes 9:355.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. The court may grant a temporary order allowing relocation.
B. The court, upon the request of the moving party, may hold an expedited preliminary hearing on the proposed relocation but shall not grant authorization to relocate the child on an ex parte basis.
C. If the court issues a temporary order authorizing relocation, the court shall not give undue weight to the temporary relocation as a factor in reaching its final determination.
D. If temporary relocation of a child is permitted, the court may require the person relocating the child to provide reasonable security guaranteeing that the court-ordered physical custody or visitation with the child will not be interrupted or interfered with or that the relocating person will return the child if court authorization for the relocation is denied at trial.
E. An order not in compliance with the provisions of this Section is not enforceable and is null and void.
Acts 1997, No. 1173, §1; Acts 2003, No. 676, §1; Acts 2012, No. 627, §1.