FAQ Series: Can My Ex Keep My Child From Me & Can Law Enforcement Intervene?
- Hampton Law Firm ⚖️
- May 25
- 4 min read
Louisiana custody orders, denied visitation, and when police can get involved.
If there is a Louisiana custody judgment, visitation order, or joint custody implementation order in place, the first question is not what the other parent feels is “fair” that week. The first question is what the court order actually says. Louisiana law recognizes joint custody implementation orders that allocate the periods of physical custody so the child can have frequent and continuing contact with both parents, and the statute provides that physical custody should be shared equally when feasible and in the child’s best interest. That means one parent generally should not rewrite the schedule simply because they are angry, inconvenienced, owed support, unhappy with the other parent’s relationship, or frustrated about communication.
A parent who refuses to allow court-ordered custody, visitation, or time rights can face a Louisiana rule for contempt. Louisiana Revised Statutes 9:346 specifically allows an action against a parent who fails to exercise or fails to allow visitation, custody, or time rights under a court-ordered schedule.2 If the denied parent proves the violation, the court can order remedies that may include contempt, expenses caused by the lost time, additional time equal to the time lost, attorney fees and costs, and counseling costs when appropriate.2 A pattern of willful and intentional violations without good cause may also support a modification of custody or visitation.
That said, parents need to understand a practical Louisiana reality: a regular civil custody judgment is not always enough to make police physically remove a child from one parent and hand the child to the other parent on the spot. Law enforcement officers are often reluctant to turn a custody dispute into a physical child-removal situation unless there is a specific court order authorizing that kind of action. In many situations, police may document the complaint, review the order, keep the peace, or tell the parent to go back to court rather than forcibly remove the child.
Louisiana does have a specific legal mechanism for this problem. Under Louisiana Revised Statutes 9:343, when a child is being kept in violation of a Louisiana custody and visitation order, a judge may issue a civil warrant directed to law enforcement authorities to return the child to the custodial parent. To request that relief, the parent must present a certified copy of the custody and visitation order and a sworn affidavit. The affidavit must state that the order is true and correct, summarize any pending custody proceeding, describe the removal or failure to return the child in violation of the order, and declare that the parent wants the child returned.
This distinction matters. If you call police and say, “I have a custody judgment,” that may not produce the result you expect. If the other parent is refusing to return the child, the stronger legal move may be to ask the court for contempt, makeup time, attorney fees, modification, emergency relief, or, when the facts fit, a civil warrant or other specific order authorizing law enforcement assistance. The right filing depends on the wording of the judgment, the urgency of the situation, the child’s location, the history of violations, and whether there are safety concerns.
Parents should also be careful not to create new problems while trying to enforce their rights.
Do not threaten the other parent. Do not snatch the child back from school, daycare, or a public place unless your lawyer has advised that the order clearly allows it. Do not bring family members to intimidate the other parent at an exchange. Do not post about the dispute online.
Louisiana courts can take interference seriously, but they also look at the conduct of both parents.
If there is a true emergency, the response may be different. Abuse, threats, substance abuse, violence, impaired driving, unsafe housing, protective orders, or credible danger to the child may justify urgent legal action. But “emergency” should not be used as a cover for retaliation or control. If a parent believes the child is in immediate danger, they should document the facts, contact appropriate emergency authorities when necessary, and speak with a lawyer about emergency custody relief as quickly as possible.
The denied parent should build a clean record. Keep a calendar of missed exchanges. Save text messages, call logs, emails, school communications, police report numbers, and screenshots. Write down the date, time, location, who was present, and exactly what happened. Louisiana custody enforcement is usually stronger when the court can see a specific pattern rather than vague claims that the other parent is “always” causing problems.
Louisiana Custody Problem | Practical Legal Response |
One missed exchange | Document it and review the order before escalating. |
Repeated denied visitation | Consider a rule for contempt under La. R.S. 9:346. |
Child not returned after court-ordered time | Ask whether a civil warrant under La. R.S. 9:343 may be appropriate. |
Safety concern | Seek legal advice about emergency custody relief and document the danger. |
Vague or confusing schedule | Consider clarification or modification of the custody order. |
Hampton Law Firm Note: A custody judgment matters, but a regular civil judgment may not be enough for police to physically remove a child. If the other parent is refusing to return your child, you may need a specific Louisiana court order, such as a civil warrant or other enforcement order, directed to law enforcement.
Judith L. Hampton
Attorney At Law
Hampton Law Firm
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