Fill and Sign the Motion and Order to Recognize Foreign Judgments Form

- 1 - ____________________ : _____ JUDICIAL DISTRICT COURT VS : PARISH OF __________ , LOUISIANA ____________________ : DOCKET NO. __________ ________________________________________________________________ MOTION AND ORDER TO RECOGNIZE FOREIGN JUDGMENTS AND TO RESCIND PREVIO USLY ISSUED ORDERS NOW INTO COURT, through undersigned counsel, comes __________ , who respectfu lly represents the following: I. Made defendant herein is __________ , a person of the full age of majority and a resident of and domiciled in __________ Parish. II. On the _____ day of __________ , __________ was traveling through Louisiana as a result of military orders, when he stopped at the home of __________ to allow his two minor children to visit with their grandmother. III. On this same date, __________ had served on __________ a Petition For Custody and an order granting the temporary care, custody and control of the mino r children to __________ . This ex parte order was signed by the Honorable __________ on __________ _____ , 20 _____ . IV. In addition, on __________ _____ , 20 _____ , approximately _____ hours later, the Honorable ____________________ signed a Consent Judgment granting custody of ____________________ to ____________________ and the custody of ____________________ to ____________________ . V. The temporary custody order and the Consent Judgment signed by the respective Judges were signed without apprising these Judges of all the facts related to these children and to hearings previously had in another jurisdiction . VI. That on __________ _____ , 20 __ ___ , after a contested custody hearing in ____________________ County, ____________________ , where all parties were present and represented, ____________________ awarded custody of the minor children to ____________________ . A certified copy of said Order is filed of record. VII. On __________ _____ , 20 _____ , the District Court of ____________________ County, - 2 - ____________________ , entered an order ordering ____________________ to return custody of the minor child, ____________________ , to ____________________ , a certified copy of which is attached hereto and made a part hereof. VIII. That the minor child, ____________________ , was not and is not a resident of this State, nor is the State of Louisiana the home state of this child, nor was Louisiana the home state of said child within _____ (_____ ) months before commencement of these proceedings. IX. That there is insufficient conexity to this State for this Court to exercise it subject matter jurisdiction, nor is there any emergency which would allow this Court to exercise its jurisdiction. X. That had Judges ____________________ and ___ _________________ been apprised of the fact that a previous order had been issued in the State of ____________________ affecting these two children, Judge ____________________ would not have signed the order granting the temporary care, custody and control of the minor children, nor woul d Judge ____________________ have signed the Consent Judgment. WHEREFORE, your peti tioner, ____________________ , prays that after due proceedings: (l) That the Consent Judgment dated __________ _____ , 20 _____ , signed by Judge ____________________ , be rescinded; (2) That the Order granting the temporary care, custody and control of the minor children to ____________________ signed by the Honorable ____________________ on __________ _____ , 20 _____ , be rescinded; (3) That the orders issued by the ____________________ County, ____________________ District Court, in Docket Numbers ___________________ _, Division ____________________ , ____________________ and ____________________ , be recognized by this Honorable Court; (4) That the permanent custody of ____________________ be returned to ____________________ , pursuant to the orders issued by the ____________________ County, ____________________ District Court; (5) That a civil warrant issue directed to the appropriate law enforcement agency to take possession of ____________________ and place him in the physical custody of ____________________ pending further orders. RESPECTFULLY SUBMITTED, - 3 - _______________________________ ______________________________ ______________________________ _______________ _____ , LA __________ (______________________________ ) __________ La. Bar Roll No. __________ ATTORNEY FOR ____________________ - 4 - _________________________ : _____ JUDICIAL DISTRICT COURT VS : PARISH OF __________ , LOUISIANA _________________________ : DOCKET NO. __________ _________________________ _______________________________________ * * * O R D E R The Court having considered the foregoing motion: IT IS ORDERED that as a result of this Court not being apprised of pertinent facts related to the minor child, __________ , specifically that previous custody orders were issued on __________ _____ , 20 _____ , by the __________ , __________ District Court, affecting this child, the Consent Judgment signed by the Honorable __________ on __________ _____ , 20 _____ , is hereby rescinded. SIGNED this _____ day of ___________ ____ , 20 _____ , at __________ , Louisiana. __________________________________ __________ , DISTRICT JUDGE - 5 - ____________________ : _____ JUDICIAL DISTRICT COURT VS : PARISH OF ____________________ , LOUISIANA ____________________ : DOCKET NO. ____________________ ________________________________________________________________ O R D E R The Court having considered the foregoing Motion: IT IS ORDERED that as a result of this Court not being apprised of pertinent facts related to the minor children, ____________________ and ____________________ , specifically that previous custody orders were issued on __________ _____ , 20 _____ , by the ____________________ County, ____________________ District Court, and pursuant to the Uniform Child Custody Jurisdiction Law, this Court recognizing that it did not have jurisdiction to modify the Colorado orders, the Order granting the temporary care, custody and control of the minor children to ____________________ , signed by the Honorable ____________________ on __ ________ _____ , 20 _____ , be and it is hereby rescinded. IT IS FURTHER ORDERED that the orders issued by the ____________________ County, ____________________ District Court, dated the _____ day of __________ , 20 _____ , and __________ _____ , 20 _____ , represented by certified copies which are attached hereto and made a part hereof, are formally and completely recognized by this Court. IT IS FURTHER ORDERED that pursuant to those orders issued by ____________________ County, ____________________ , permanent custody of ____________________ is to be retur ned to ____________________ . IT IS FURTHER ORDERED that a civil warrant issue dire cted to the appropriate law enforcement agency to take possession of ____________________ and place her in the possession of ____________________ . - 6 - Signed this _____ day of __________ , 20 _____ , at __________________ __ , Louisiana. __________________________________ ____________________ , DISTRICT JUDGE