Opinion
NO. 2018-CA-0126 C/W: NO. 2018-CA-0127
07-11-2018
KRISTEN LAURENT v. IVAN S. PREVOST CONSOLIDATED WITH: IVAN S. PREVOST v. KRISTEN LAURENT
LEDET, J., CONCURRING IN PART WITH REASONS
The narrow custody issue before the trial court on September 12, 2017, was whether Ms. Laurent should continue to have temporary, physical custody of the children, which she obtained ex parte pursuant to La. C.C.P. art. 3945. I concur in the majority's decision affirming the trial court's judgment ordering a change in custody to Ms. Laurent and awarding supervised visitation to Mr. Prevost. The trial court's judgment was based on its factual finding that Mr. Prevost abused the minor children; the trial court's factual finding is supported by the record on appeal. In all other respects, I agree with the majority's decision.
The record on appeal includes the transcripts of the Watermeier hearings with the four minor children, which the trial court judge conducted at the children's school. See Watermeier v. Watermeier, 462 So.2d 1272 (La. App. 5th Cir. 1985). The trial court judge, at the close of the September 12, 2017 hearing, expressly stated that the children's testimony caused her "to believe that they have actually been subject to what [t]he Court would consider to be abusive behavior by Mr. Prevost." --------
Accordingly, I respectfully concur in part.