Change of existing custody order without trial

Can somone tell me if it is even possible for a lateral court to change an initial/existing custody order from another court based on the argument that the initial case is no longer ongoing by "operation of law"?  And, the custody change was made on a Rule to Show Cause for a Protective Order with the defendant not present in court.  Do we live in America?

JWPEPPER

[My life has been crazier than a work of fiction.....who'da believed?]

(1) yes, though it doesn't usually happen
(2) yes, they were most likely following the federal giudelines.

3kidsmom

Do we live in America?

1) Yes, we live in America.  It is a wonderful country.

2) Not enough information to say.  You would have to be much more specific.  Both courts in Louisiana?

3) Did you engage in any defensive actions?

4) Start here:  Code of Procedure
http://www.legis.state.la.us/lss/lss.asp?folder=68

5)  Judges overstep their bounds all the time.  It is up to you to defend yourself.  For example, in some circumstances, a person might be able to apply this law.

SECTION 3.  ACTION OF NULLITY

Art. 2001.  Grounds in general

The nullity of a final judgment may be demanded for vices of either form or substance, as provided in Articles 2002 through 2006.

Art. 2002.  Annulment for vices of form; time for action

A.  A final judgment shall be annulled if it is rendered:

(1)  Against an incompetent person not represented as required by law.

(2)  Against a defendant who has not been served with process as required by law and who has not waived objection to jurisdiction, or against whom a valid judgment by default has not been taken.

(3)  By a court which does not have jurisdiction over the subject matter of the suit.

B.  Except as otherwise provided in Article 2003, an action to annul a judgment on the grounds listed in this Article may be brought at any time.

Acts 1997, No. 578, §1.

Art. 2003.  Same; action lost through acquiescence

A defendant who voluntarily acquiesced in the judgment, or who was present in the parish at the time of its execution and did not attempt to enjoin its enforcement, may not annul the judgment on any of the grounds enumerated in Article 2002.

Art. 2004.  Annulment for vices of substance; peremption of action

A.  A final judgment obtained by fraud or ill practices may be annulled.

B.  An action to annul a judgment on these grounds must be brought within one year of the discovery by the plaintiff in the nullity action of the fraud or ill practices.

C.  The court may award reasonable attorney fees incurred by the prevailing party in an action to annul a judgment on these grounds.

Acts 2001, No. 512, §1.

Art. 2005.  Annulment of judgments; effect of appeal

A judgment may be annulled prior to or pending an appeal therefrom, or after the delays for appealing have elapsed.

A judgment affirmed, reversed, amended, or otherwise rendered by an appellate court may be annulled only when the ground for nullity did not appear in the record of appeal or was not considered by the appellate court.

An action of nullity does not affect the right to appeal.

Art. 2006.  Court where action brought

An action to annul a judgment must be brought in the trial court, even though the judgment sought to be annulled may have been affirmed on appeal, or even rendered by the appellate court.

Nicholas James