TITLE IV
Chapter: 38 Chapter Title: CUSTODY AND VISITATION ORDERS
Rule No: 38.1
Ex Parte Custody Orders
1st Judicial District
Court
Parish of Caddo
EXHIBIT D. AFFIDAVIT TO BE ATTACHED TO PETITIONS SEEKING EX PARTE PROVISIONAL
CUSTODY AWARDS PRIOR TO HEARINGS FOR TEMPORARY CUSTODY (INITIAL FIXINGS
ONLY)
Adopted effective
Jan. 1, 1994.
STATE OF LOUISIANA
PARISH OF CADDO
BEFORE ME, the undersigned authority, personally appeared: __________, who being duly sworn, stated
under oath that:
(1) I have read the foregoing petition and all facts contained therein are true and correct.
(2) My spouse and I physically separated on __________.
(3) Immediately prior to separation, my spouse and I resided together at __________.
(4) For the last six (6) months, the child/children has/have resided with __________ at __________.
(5) The child/children is/are presently in my physical custody and has/have been since __________.
(6) I obtained the child/children in the following manner (describe where, when and how obtained, and
other special circumstances): __________.
(7) I desire provisional custody of the child/children for the following reasons: __________.
(8) To my knowledge, there are no other custody orders in existence.
(9) I agree to my child/children's temporary visitation with my spouse as follows: __________.
-or(9) I do not agree to a temporary visitation arrangement for the following reasons:
________________________________________________________________________
________________________________________________________________________
____________________
Affiant
SWORN TO AND SUBSCRIBED before me, Notary Public, at _______, Louisiana, on this the ___ day
of _______, 20 ___.
____________________
Notary Public
TITLE IV
Chapter: 38 Chapter Title: CUSTODY AND VISITATION ORDERS
Rule No: 38.1
Ex Parte Custody Orders
4th Judicial District
Court
Parishes of
Morehouse and
Ouachita
Adopted April 7,
2009, effective
January 1, 2010
A. All pleadings seeking an ex parte order for temporary custody of children must strictly comply with the
requirements of L.C.C.P. Art. 3945; and must be accompanied by a separate affidavit of the party seeking
custody, setting forth all the facts surrounding when, where, how and under what circumstances physical
custody of the child was obtained, and why an ex parte order for temporary custody is being sought. Said
pleadings shall also refer to any prior or ongoing actions by the State of Louisiana Child Protective
Services, if known, involving the same parties, even if with different children.
B. In all cases in which there has been no prior award of custody, the pleadings must first be presented to the
Clerk of Court for filing and allotment to a Section, if no allotment has been made previously. Once the case
has been allotted to a section, then the order must be presented to that judge for signing.
C. If custody has been awarded, an ex parte order to change custody must be presented to the judge who
signed the original custody order, unless the custody order was obtained through a proceeding in motion
hour and was not signed by the judge to whom the case was allotted. No ex parte order modifying a
previous custody award shall be considered unless said order is necessary to protect the children from a
clear and present danger of abuse and/or neglect, or unless immediate and irreparable injury is likely to
result to the children if an order is not granted.
D. When presenting an order to a judge containing a request for an ex parte custody award in an existing
record, the attorney shall make arrangements with the Clerk of Court to obtain the record for the judge’s
review.
14th Judicial District
Court
Parish of Calcasieu
RULE 13. EX PARTE CUSTODY ORDERS
All motions for ex parte custody shall strictly comply with La. R.S. 46:2135 or La. C.C.P. Art. 3945. All
requests for ex parte custody orders shall be presented in Motion Hour when possible. Ex parte motions
shall not be presented to the Court without advance notice. When applicable, the motion shall be
accompanied by the record.
Page 2 of 8
TITLE IV
Chapter: 38 Chapter Title: CUSTODY AND VISITATION ORDERS
Rule No: 38.1
Ex Parte Custody Orders
15th Judicial District
Court
Parishes of Acadia,
Lafayette and
Vermilion
As Amended October
31, 2007
Section A. All requests for ex parte child custody must be pled in accordance with one of the following
statutes:
(a) La. R.S. 46:2131 et seq., Domestic Abuse Assistance Act;
(b) La. R.S. 9:361, 363, 364, Post Separation Family Violence Relief Act;
(c) La. C.C.P. Art. 3945, Incidental Order of Child Custody;
(d) La. Ch. Code 1564, et seq., Domestic Abuse Assistance Act; or
(e) Any other statute expressly permitting such relief.
Section B. If an ex parte change of custody order is sought when a prior legal custody order exists, the suit
record must accompany the application. If a prior application was sought, reference should be made to such
an order; to what Judge, and what order or decision was made thereon. Orders of ex parte custody and
visitation shall be given no weight at merits hearing on child custody or visitation.
Section C. La. C.C.P. Art. 3945. When there is no prior legal custody order, ex parte orders granting
temporary custody shall not be signed unless the application complies with Louisiana Code of Civil
Procedure Art. 3945. The petitioner, must by affidavit or verified petition, set out in detail all the facts that
establish why immediate and irreparable injury will result to the child; when, where, how, and under what
circumstances he or she has obtained the physical custody of the child and why he/she is requesting legal
custody, or, if not in their physical custody, why they feel they should be entitled to it. If represented by
counsel, the application must be accompanied by counsel’s certificate. All applications for ex parte custody
shall be accompanied by the Mandatory Affidavit for Child Custody/Visitation Matters set forth in
Appendix 3(A).
Section D. If an ex parte change of custody order is sought when a prior legal custody order exists, the suit
record must accompany the application. If a prior application was sought, reference should be made to such
an order; to what Judge, and what order or decision was made thereon. If new facts exist, they should be
stated and brought to the attention of the court. In addition to the certificate and/or affidavit required in
Section A above, there must be at least one (1) non-party affidavit attesting to the facts in support of the ex
parte modification order.
Section E. Any Order granting temporary ex parte custody shall contain a provision which prohibits both
parents (parties) from changing the child’s residence from the jurisdiction of the court.
Section F. The petition shall provide for a Rule to Show Cause in the proper division and except for good
cause shown or where prohibited by law, the application must provide for visitation substantially in
compliance with La. C.C.P. art. 3945.
Section G. The provisions of this Rule do not apply to any order of custody of a child requested in a
verified petition alleging the applicability of the Domestic Assistance Act R.S. 46:2131 et seq. Children’s
Code Article 1564 et seq. or the Post Separation Family Violence Relief Act, R.S. 9:361 et seq.
Section H. On the motion of a party, or on its own motion, the Court may impose appropriate sanctions
pursuant to La. C.C.P. art. 863D for certifications that are not based in good faith.
Page 3 of 8
TITLE IV
Chapter: 38 Chapter Title: CUSTODY AND VISITATION ORDERS
Rule No: 38.1
Ex Parte Custody Orders
21st Judicial District
Court
Parishes of
Livingston, St.
Helena and
Tangipahoa
Ex parte custody orders shall comply with Louisiana Code of Civil Procedure Article 3945, and a
certification by the clerk of court that no contrary pleading/order has been filed within the past thirty (30)
days.
Amended effective
November 30, 2011
22nd Judicial District
Court
Parishes of St.
Tammany and
Washington
Adopted effective
April 2, 2009;
amended eff. Aug.
23, 2010; amended
effective October 1,
2012; amended
effective April 17,
2013.
A. If an ex parte change of custody order is sought when a prior legal custody filing exists, the mover or
their attorney must reference in their pleading any prior filings in the parish in which the order is sought. If
prior filings have been filed outside the parish of the current filing, the mover or their attorney must attach a
copy of all pleadings and orders concerning the issues. If a prior application for ex parte custody was
sought in connection with the allegations, reference is to be made to such a pleading in the application,
which identifies the Judge to whom the prior application or order was submitted, and which must state the
order or decision rendered thereon.
B. Each ex parte application must be accompanied by Forms H and I (Appendix Forms H and I) before an
order will be considered.
23rd Judicial District
Court
Parishes of
Ascension,
Assumption and St.
James
RULE XVII. DIVORCE CASES
Adopted effective
Jan. 1, 1998.
If custody has been awarded, an ex parte order to change custody shall be presented only to the judge who
signed the original custody order. No ex parte order changing a previous custody award shall be considered
unless an ex parte order is necessary to protect the child or children from the clear and present danger of
abuse, neglect or other seriously detrimental conditions.
In all cases where there has been no prior award of custody, no ex parte custody order will be signed, unless
the mover attaches to the petition for ex parte custody an affidavit in accordance with Appendix B. The
court may or may not grant the application for ex parte custody.
Page 4 of 8
TITLE IV
Chapter: 38 Chapter Title: CUSTODY AND VISITATION ORDERS
Rule No: 38.1
Ex Parte Custody Orders
23rd Judicial District
Court
Parishes of
Ascension,
Assumption and St.
James
Adopted effective
Jan. 1, 1998
APPENDIX B
Affidavit to be attached to petitions seeking ex parte custody awards prior to hearings for temporary custody
(Initial fixings only).
STATE OF LOUISIANA
PARISH OF ASCENSION
BEFORE ME, the undersigned authority, personally, appeared, ________________, who being duly sworn,
stated under oath that:
1. I have read the foregoing petition and all facts contained therein are true and correct.
2. My spouse and I physically separated on ________________.
3. Immediately prior to separation, my spouse and I resided together at ____________________.
4. For the last six (6) months the child(ren) have resided with ________________, at
____________________.
5. The child(ren) are presently in the physical custody of ________________, and have been since
________________.
6. I/he/she obtained them in the following manner: (describe where, when and how obtained, and other
special circumstances.)
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
7. I desire temporary custody of the child(ren) for the following reasons:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
8. To my knowledge, there are no other custody orders in existence. (If such do exist, must comply with ex
parte change rule)
9. I agree to my child(ren)'s temporary visitation with my spouse every other weekend from 6:00 p.m. Friday
to 6:00 p.m. Sunday.
Or
I do not agree to a temporary visitation arrangement for the following reasons:
_______________________________________________________________________________
Page 5 of 8
TITLE IV
Chapter: 38 Chapter Title: CUSTODY AND VISITATION ORDERS
Rule No: 38.1
Ex Parte Custody Orders
_______________________________________________________________________________
_______________________________________________________________________________
10. I certify that efforts have been made to give the adverse party reasonable notice of the date and time
such order is being presented to the court or that notice should not be required for the following reasons:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
11. I fully understand that if I am not telling the truth in this affidavit, I may be charged with perjury and
tried in a criminal proceeding. If I am found guilty, I can be imprisoned for five (5) years or fined up to
$1,000.00 or both.
________________________________________
Signature
24th Judicial District
Court
Parish of Jefferson
Revised effective
May 25, 2005;
revised effective
January 1, 2007
A. An ex parte order of provisional/temporary custody of a minor child shall not be granted unless it
complies with all provisions of La. C.C.P. Art. 3945.
B. All ex parte applications for immediate provisional/temporary custody and visitation rights shall be pled
under one of the following statutes:
1. La. R.S. 46:2131 et seq., Domestic Abuse Assistance Act;
2. La. R.S. 9:361, 363, 364, Post Separation Family Violence Relief Act;
3. La. R.S. 9:372;
4. La. C.C.P. Art. 3601, et seq.;
5. La. C.C.P. Art. 3945.
C. All pleadings seeking an ex parte order for temporary/provisional custody shall be assigned to a domestic
commissioner and a district judge and shall be set and heard in conformity with 24th J.D.C. Domestic Rule
23.0 (D) and Rule 24.0 (A) (1) and (2).
Page 6 of 8
TITLE IV
Chapter: 38 Chapter Title: CUSTODY AND VISITATION ORDERS
Rule No: 38.1
Ex Parte Custody Orders
28th Judicial District
Court
Parish of LaSalle
Adopted effective
March 31, 2001.
RULE 38.1 EX PARTE CUSTODY ORDERS
(a) All applications for ex parte custody orders (except domestic violence protection orders) shall comply
strictly with the provisions of La. C.C.P. Art. 3945. Specific facts and not merely conclusions must be set
forth. Applicant's attorney's certification must be set forth in a separate document to be filed.
(b) All civil warrants for delivery of children for custody or visitation shall include a specific reference to
the date of the order upon which it is based as well as plans for the time of execution of the civil warrant.
31st Judicial District
Court
Parish of Jefferson
Davis
Rule XVII, RULE XVII. DOMESTIC RELATIONS PROCEEDINGS; MEDIATION
Family Court
RULE 24. EX PARTE CUSTODY ORDERS CIVIL WARRANTS
For the Parish of
East Baton Rouge
Revised March 8,
2001.
Section 1. All petitions seeking ex parte order for provisional custody of children shall be accompanied by a
separate affidavit of the party seeking custody setting forth how long the child or children have been in the
petitioner's custody and in what manner the physical custody was obtained.
Section 1. All applications for ex-parte custody shall comply with Louisiana Code of Civil Procedure article
3945 and shall be presented on the form incorporated in the section of these rules on forms entitled
''Application for Ex-Parte Temporary Custody Orders."
Section 2. All applications shall be presented to the duty judge in his/her courtroom at 3 p.m. on any
scheduled duty day.
Section 3. Applicants shall notify the court of the intent to appear and present the application by 10 a.m. the
day of application.
Section 4. All provisions of Louisiana Code of Civil Procedure article 3945 must be strictly complied with
before any order is considered.
Section 5. If an ex parte change of custody is sought, the record must accompany the application.
Section 6. Any order granting temporary ex parte custody shall contain a provision which prohibits both
parents (parties) from changing the child's/children's residence from East Baton Rouge Parish. If East Baton
Rouge Parish is not the residence of the child at the time the order is presented to the duty judge, such fact
shall be called to his/her attention.
Section 7. The petition shall provide for a rule to show cause in the proper division.
Section 8. Applications for Civil Warrants shall be presented to the duty judge.
Page 7 of 8
TITLE IV
Chapter: 38 Chapter Title: CUSTODY AND VISITATION ORDERS
Rule No: 38.1
Ex Parte Custody Orders
Family Court
See attached Form E.
For the Parish of
East Baton Rouge
Form revised:
September, 1999
Family Court
See attached Form F.
For the Parish of
East Baton Rouge
Adopted August 15,
1995 Form revised:
September, 1999
Page 8 of 8
