Terms Used In Louisiana Revised Statutes 9:355.19

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • 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

A.  After notice and a reasonable opportunity to respond, the court may impose a sanction on a person proposing or objecting to a proposed relocation of a child if it determines that the proposal or objection was made :

(1)  For the purpose of harassing the other person or causing unnecessary delay or needless increase in the cost of litigation.

(2)  Without a basis in existing law or on the basis of a frivolous argument.

(3)  In violation of Code of Civil Procedure Article 863(B).

B.  A sanction imposed under this Section shall be limited to what is sufficient to deter repetition of such conduct.  The sanction may consist of reasonable expenses and attorney fees incurred as a direct result of the conduct.

Acts 2012, No. 627, §1.