Consent Custody Judgment in a Protective Order Proceeding is Ruled binding in District Court.

The Family Court of East Baton Rouge has ruled that a shared custody agreement, reached by the parties to a proceeding under the Domestic Abuse Assistance Act, triggers application of the “material change in circumstances” rule in civil proceedings before the Family Court. A mother, who had filed a motion to modify the shared custody agreement tried to introduce evidence of the father’s unfitness based upon facts that occurred before the date of the consent judgment at the protective order hearing. The trial court’s ruling is being reviewed by the First Circuit Court of Appeal. Zycha v. Zycha, 2011-CW-2243.