Opinion
NO. 2013 CW 0106
01-23-2013
RICHARD PARKER MCLEMORE, JR. v. HEATHER LOUISE SUTTON MCLEMORE
In Re: Heather Louise Sutton McLemore, applying for
expedited supervisory writs, 18th Judicial
District Court, Parish of Pointe Coupee, No.
44806.
BEFORE: , PETTIGREW AND McDONALD, JJ.
WRIT GRANTED. Concluding that a contradictory hearing was necessary before the trial court issued an order for the immediate return of the parties' children from Ireland to Point Coupee Parish, we vacate the order signed on December 20, 2012, in this regard. We further vacate any hearing only to the extent that it is set to consider whether the relator is in contempt of this order.
JTP
JMM
KUHN , J., concurs. The jurisdiction of the trial court over foreign-residing children does not appear to exist in this case. As conceded by respondent, the children have obviously not resided in Louisiana for several months, if not years. I encourage careful examination of the question of jurisdiction. COURT OF APPEAL, FIRST CIRCUIT ________________________
DEPUTY CLERK OF COURT
FOR THE COURT