2011 Louisiana Laws
Revised Statutes
TITLE 9 — Civil code-ancillaries
RS 9:355.16 — Sanctions for unwarranted or frivolous proposal to relocate child or objection to relocation

§355.16. Sanctions for unwarranted or frivolous proposal to relocate child or objection to relocation

A. After notice and a reasonable opportunity to respond, the court may impose a sanction on a parent proposing a relocation of the child or objecting to a proposed relocation of a child if it determines that the proposal was made or the objection was filed:

(1) To harass the other parent or to cause unnecessary delay or needless increase in the cost of litigation.

(2) Without being warranted by existing law or based on a frivolous argument.

(3) Based on allegations and other factual contentions which have no evidentiary support nor, if specifically so identified, could not have been reasonably believed to be likely to have evidentiary support after further investigation.

B. A sanction imposed under this Section shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. The sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty to the court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney fees and other expenses incurred as a direct result of the violation.

Acts 1997, No. 1173, §1.