Louisiana 2014 Regular Session

Louisiana House Bill HB840 Latest Draft

Bill / Engrossed Version

                            HLS 14RS-1094	ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 840
BY REPRESENTATIVE NANCY LANDRY
FAMILY LAW:  Provides relative to the transfer of actions in custody proceedings
AN ACT1
To amend and reenact Code of Civil Procedure Article 74.2(E), relative to forum non2
conveniens; to provide for the transfer of certain divorce proceedings; and to provide3
for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 74.2(E) is hereby amended and reenacted6
to read as follows: 7
Art. 74.2.  Custody proceedings; support; divorce; forum non conveniens8
*          *          *9
E. For the convenience of the parties and the witnesses and in the interest of10
justice, a court, upon contradictory motion or upon its own motion after notice and11
hearing, may transfer the custody or support proceeding to another court where the12
proceeding might have been brought.  If a court transfers a custody or support13
proceeding pursuant to this Paragraph and that custody or support proceeding is14
incidental to a divorce proceeding pending before that court, then the court shall also15
transfer the related divorce proceeding and any other matter incidental to the divorce16
proceeding, provided venue would have been proper under Article 3941 of this Code.17
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HB NO. 840
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Nancy Landry	HB No. 840
Abstract: Requires a court to transfer all divorce proceedings and incidental matters when
a custody or support proceeding incidental to the divorce has been transferred under
forum non conveniens, provided venue would have been proper under the venue
provisions for divorce.
Present law provides for venue in custody and support proceedings and authorizes a transfer
in the discretion of the court for the convenience of the parties and witnesses and in the
interest of justice.
Present law provides for venue for divorce and actions for annulment.  
Proposed law retains present law and requires a transferring court to transfer all divorce
proceedings and incidental matters related to the custody and support proceedings, provided
the venue would have been proper under present law. 
(Amends C.C.P. Art. 74.2(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Added requirement that venue to which divorce is transferred in conjunction with
a custody or support proceeding has to be proper venue under C.C.P. Art. 3941.