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Fill and Sign the Petition to Annul Consent Judgment Form

Fill and Sign the Petition to Annul Consent Judgment Form

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___________ : _______ JUDICIAL DISTRICT COURT VS : PARISH OF _______, LOUISIANA ___________ : DOCKET NO. _______ __________________________________________________________________ PETITION TO ANNUL CONSENT JUDGMENT NOW INTO COURT, through undersigned counsel, comes ___________ , a resident of the full age of majority of the State of _______, who respectfully represents: I. Made defendant herein is ___________, a person of the full age of majority, residing in and domiciled in _______ Parish, Louisiana. II. On or about the ___ day of _______ 20___, Petitioner, ___________ , signed a Joint Petition For Custody and Consent Judgment pro viding for the defendant to have custody of ___________ (copies are attached hereto and made a part hereof). III. Petitioner alleges that on the ___ day of _______ 20___, he was in the process of, as a result of military orders, moving from ___________ County, _______ to ___________ County, _______, and on the way, was having visitation with ___________, grandparents of the minor children. At this time, he was served by the _______ Parish Sheriff's Office with a Petition For Custody, an Order granting the temporary care, custody and control of the minor children to ___________, and a Civil Warrant ordering the _______ Parish Sheriff's Department to take the minor chil dren into their possession and place them with ___________ . IV. Petitioner further alleges that at this time he was threatened and coerced into signing the Joint Petition For Custody and Consent Judgment, being told that if he did not sign the documents, ___________ would keep both of the children. Rather than having that occur, he signed the document granting custody of the oldest child to ___________ . V. Petitioner alleges that he went to the office of ___________ to execute these documents within hours of being served with the ori ginal Petition For Custody, copies of which are attached hereto and made a part hereof. VI. Petitioner alleges that the Consent Judgment of Custody was obtained through fraud, duress and coercion, as he had no choice but to sign the Consent Judgment to maintain custody of his youngest daughter. VII. Petitioner further alleges that the original Order granting the temporary care, custody and control of the two minor children to ___________ and the Consent Judgment are invalid, due to the fact that this Honorable Court had no jurisdiction to render said Order, in that an Order was rendered in the District Court, _______ County, State of _______ , in the matter entitled "The People of the State o f ___________ in the Interest of: ___________ and ___________ ," Docket No. ___________, Division Y, ___________ and ___________ , on _______ ___ , 20 ___, wherein ___________ was present and represented, and at that time, the District Court in _______ granted the custody of ___________ and ___________ to ___________ . (Copy of said Order is attached hereto and made a part hereof.) Petitioner shows that thi s is in direct contradiction of LSA -R.S. l3:l700, et seq. VIII. Petitioner further alleges t hat there have not been any further Orders or Judgments rendered by the District Court in and for ___________ , State of _______, concerning custody of the two minor children. WHEREFORE, petitioner, ___________, prays that after due proceedings had, there be Judgment herein annulling the Consent Judgment and re turning custody of ___________ to ___________, as ordered by the District Court in _______ . By Counsel, ______________________________ ___________ ___________ _______, LA _______ ( ___ )_______ La. Bar Roll No. _______ ATTORNEY FOR PETITIONER Please personally serve plaintiff, ___________, at ___________ _______, Louisiana _______ STATE OF _______ COUNTY OF _______ BEFORE ME, the undersigned Notary Public, duly comm issioned and legally qualified in and for the Parish and State aforesaid, personally came and appeared ___________, who, being first duly sworn, did depose and say that: l. He is the Petitioner in the above and foregoing proceedings; 2. He has read the same; and 3. All of the allegations of fact contained therein a re true and correct, to the best of her knowledge, information and belief. _______________________________ ___________ SWORN TO AND SUBSCRIBED before me this ______ day of ______________, 20___ . _________________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: ____________

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