Burr v. Boone

Marvin BURR v. Audrey Griffin BOONE.

Supreme Court of Louisiana

Decided November 15, 1985.

Supreme Court of Louisiana · decided 1985-11-15

Cited by 10 later decisions — most recently May 1999

10 state decisions

Key passage — most relied on by later courts

“the child is physically present in this state and has been subjected to mistreatment or abuse which necessitates the exercise of emergency jurisdiction,”

quoted by 2 later decisions, including 516 So. 2d 1277 - Stuart v. Stuart, 580 So. 2d 945 - Renno v. Evans

“a prima facie case supporting the exercise of jurisdiction has been established.”

quoted by 1 later decision, including 580 So. 2d 945 - Renno v. Evans

Relies on 409 So. 2d 570 - Dillon v. Medellin

Good law ✅— No negative treatment on recordhow we know

Decided 1985-11-15

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¶1PER CURIAM.

¶2Writ granted. The decision of the Court of Appeal is reversed. The trial court has jurisdiction under R.S. 13:1702(A)(3) which grants jurisdiction to Louisiana courts in change of custody cases when the child in question is physically present in this state and has been subjected to mistreatment or abuse which necessitates the exercise of emergency jurisdiction.

¶3Unlike the hypothetical situation described by this court in dicta in Dillon v. Medellin,409 So.2d 570 (La.1982), a prima facie case supporting the exercise of jurisdiction has been established. In the case at bar, facts supporting the exercise of emergency jurisdiction have been corroborated by the Louisiana Department of Health and Human Resources' investigation of the alleged sexual abuse.