§343. Return of child kept in violation of custody and visitation order
A. Upon presentation of a certified copy of a custody and visitation rights order rendered by a court of this state, together with the sworn affidavit of the custodial parent, the judge, who shall have jurisdiction for the limited purpose of effectuating the remedy provided by this Section by virtue of either the presence of the child or litigation pending before the court, may issue a civil warrant directed to law enforcement authorities to return the child to the custodial parent pending further order of the court having jurisdiction over the matter.
B. The sworn affidavit of the custodial parent shall include all of the following:
(1) A statement that the custody and visitation rights order is true and correct.
(2) A summary of the status of any pending custody proceeding.
(3) The fact of the removal of or failure to return the child in violation of the custody and visitation rights order.
(4) A declaration that the custodial parent desires the child returned.
Acts 1993, No. 261, §5, eff. Jan. 1, 1994.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1997–2024 · leading case:
Amin v. Bakhaty, 812 So. 2d 12 (La. Ct. App. 2001).
Amin v. Bakhaty, 812 So. 2d 12 (La. Ct. App. 2001).
· cites it 3× “Bakhaty's request for the return of the child was tantamount to a request for custody and/or visitation.”
Thibodeaux v. Thibodeaux, 104 So. 3d 768 (La. Ct. App. 2012).
· cites it 4× “R.S. 9:343. Because Judge Simon was not available, another judge signed the civil warrant, and Mrs.”
In Re Downing, 930 So. 2d 897 (La. 2006).
· cites it 4× “R.S. 9:343, [1] the hearing committee determined that respondent did not have the authority to obtain the ex parte civil warrant.”
Sisk v. Sisk, 902 So. 2d 1237 (La. Ct. App. 2005).
· cites it 2× “R.S. 9:343, governing civil warrants, which states, in pertinent part: Upon presentation of a certified copy of a custody and visitation rights order rendered by a court of this state, together with the sworn affidavit of the custodial parent, the judge, who shall have…”
Adkins v. Adkins, 687 So. 2d 1109 (La. Ct. App. 1997).
“R.S. 9:343. However, the trial court did have the authority to impose a contempt judgment under R.”
Wooley v. City of Baton Rouge, 211 F.3d 913 (5th Cir. 2000).
“…an imminent threat to Jordan's welfare, however, neither of these provisions apply to the officers' actions. 63 . La. R.S. 9:343.”
Kyron Gray Versus Ciera Rankins (La. Ct. App. 2024).
“R.S. 9:343, directed to law enforcement authorities in Houston, Texas (or wherever the minor child, Kaiden Rankins (d.”
Wooley v. City Of Baton Rouge, 206 F.3d 574 (5th Cir. 2000).
“…an imminent threat to Jordan's welfare, however, neither of these provisions apply to the officers' actions. 62 La. R.S. 9:343.”
La. Rev. Stat. § 9:343(A): 1 case
Amin v. Bakhaty, 812 So. 2d 12 (La. Ct. App. 2001).
“Bakhaty's request for the return of the child was tantamount to a request for custody and/or visitation.”
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