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Terms Used In Louisiana Children's Code 311

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

            A.(1) A court exercising juvenile jurisdiction shall have exclusive original jurisdiction, except in East Baton Rouge Parish, in the following cases involving support of family:

            (a) Proceedings involving criminal neglect of a child by either parent, or of one spouse by the other spouse.

            (b) Proceedings under the Revised Uniform Reciprocal Enforcement of Support Act.

            (c) Repealed by Acts 2008, No. 532, §6.

            (2) A support order rendered pursuant to an action brought under this Paragraph shall not modify a prior judgment of a district court or be modified by a district court having appropriate jurisdiction over support, unless the court rendering the original support order has transferred jurisdiction.

            B.(1) A court exercising juvenile jurisdiction shall have concurrent jurisdiction, except in East Baton Rouge Parish, in the following cases involving support of family:

            (a) Proceedings brought by the district attorney pursuant to the provisions of Article 1301.1 et seq. of the Uniform Interstate Family Support Act.

            (b) Proceedings brought by the district attorney or the Department of Children and Family Services to establish paternity or to establish, modify, or enforce support pursuant to provisions of La. Rev. Stat. 46:236.1.1 et seq., and Children’s Code Article 1301.1 et seq.

            (c) Proceedings brought by the district attorney to enforce support pursuant to La. Rev. Stat. 46:236.2.

            (d) Proceedings brought by the district attorney under any state law to register, enforce, or modify any order of support issued by any court in this state.

            (2) A support order rendered pursuant to an action brought under Subsubparagraph (1)(b) or (c) of this Paragraph shall not modify a prior judgment of a district court or be modified by a district court having appropriate jurisdiction over support, unless the court rendering the original support order has transferred jurisdiction.

            C. Upon proof thereof, amounts paid for a particular period pursuant to a support order rendered by either court shall be credited against the amounts accruing or accrued for the same period under any support order rendered by the other court.

            Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 865, §1; Acts 1997, No. 601, §1; Acts 2008, No. 532, §§1, 6; Acts 2010, No. 238, §6; Acts 2010, No. 754, §1, eff. Jan. 1, 2011.