Petition to Annul Consent Judgment

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 , signed a

Joint Petition For Custody and Consent Judgment providing 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 children 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 original 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 of 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 (Copy of said Order is attached hereto

and made a part hereof.) Petitioner shows that this is in direct contradiction of

LSA-R.S. 13:1700, et seq.

VIII.

Petitioner further alleges that 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 returning custody of

to as ordered by the District Court in .

Please personally serve plaintiff,

, at

Louisiana

STATE OF

COUNTY OF

BEFORE ME, the undersigned Notary Public, duly commissioned 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:

1. 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 are true and correct, to the best of her knowledge, information and belief.

SWORN TO AND SUBSCRIBED before me this day of , 20 .