USA Statutes : nevada
Title : Title 11 - DOMESTIC RELATIONS
Chapter : CHAPTER 125A - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
This chapter may be cited as the
Uniform Child Custody Jurisdiction and Enforcement Act.
(Added to NRS by 2003, 990 )
Definitions
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 125A.025
to 125A.175 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2003, 990 )
“Abandoned” means left without
provision for reasonable and necessary care or supervision.
(Added to NRS by 2003, 990 )
“Child” means a person who has not
attained 18 years of age.
(Added to NRS by 2003, 990 )
1. “Child custody determination” means a judgment, decree or other
order of a court which provides for the legal custody, physical custody
or visitation with respect to a child.
2. The term includes a permanent, temporary, initial and
modification order.
3. The term does not include an order relating to child support or
other monetary obligation of a natural person.
(Added to NRS by 2003, 990 )
1. “Child custody proceeding” means a proceeding in which legal
custody, physical custody or visitation with respect to a child is an
issue.
2. The term includes a proceeding for divorce, separation,
neglect, abuse, dependency, guardianship, paternity, termination of
parental rights and protection from domestic violence, in which the issue
may appear.
3. The term does not include a proceeding involving juvenile
delinquency, contractual emancipation or enforcement pursuant to NRS
125A.405 to 125A.585 , inclusive.
(Added to NRS by 2003, 991 )
“Commencement” means the
filing of the first pleading in a proceeding.
(Added to NRS by 2003, 991 )
“Court” means an entity authorized
pursuant to the law of a state to establish, enforce or modify a child
custody determination.
(Added to NRS by 2003, 991 )
“Home state” means:
1. The state in which a child lived with a parent or a person
acting as a parent for at least 6 consecutive months, including any
temporary absence from the state, immediately before the commencement of
a child custody proceeding.
2. In the case of a child less than 6 months of age, the state in
which the child lived from birth, including any temporary absence from
the state, with a parent or a person acting as a parent.
(Added to NRS by 2003, 991 )
“Initial
determination” means the first child custody determination concerning a
particular child.
(Added to NRS by 2003, 991 )
“Issuing court” means the
court that makes a child custody determination for which enforcement is
sought pursuant to the provisions of this chapter.
(Added to NRS by 2003, 991 )
“Modification” means a child
custody determination that changes, replaces, supersedes or is otherwise
made after a previous determination concerning the same child, whether or
not it is made by the court that made the previous determination.
(Added to NRS by 2003, 991 )
“Person” means any of the
following:
1. A natural person.
2. Any form of business or commercial entity and any other
nongovernmental legal entity, including, without limitation, a
corporation, partnership, limited-liability company, association, joint
venture, business trust, estate, trust or unincorporated organization.
3. A government, a political subdivision of a government, or an
agency or instrumentality of a government or a political subdivision of a
government.
(Added to NRS by 2003, 991 )
“Person acting
as a parent” means a person, other than a parent, who:
1. Has physical custody of the child or has had physical custody
of the child for a period of 6 consecutive months, including any
temporary absence, within 1 year immediately before the commencement of a
child custody proceeding; and
2. Has been awarded legal custody by a court or claims a right to
legal custody pursuant to the law of this state.
(Added to NRS by 2003, 991 )
“Physical custody” means
the physical care and supervision of a child.
(Added to NRS by 2003, 992 )
“State” means a state of the United
States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(Added to NRS by 2003, 992 )
“Tribe” means an Indian tribe or
band or Alaskan native village which is recognized by federal law or
formally acknowledged by a state.
(Added to NRS by 2003, 992 )
“Warrant” means an order issued
by a court authorizing law enforcement officers to take physical custody
of a child.
(Added to NRS by 2003, 992 )
Applicability and Procedure
The provisions of
this chapter do not govern an adoption proceeding or a proceeding
pertaining to the authorization of emergency medical care for a child.
(Added to NRS by 2003, 992 )
1. A child custody proceeding that pertains to an Indian child as
defined in the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et
seq., is not subject to the provisions of this chapter to the extent that
the proceeding is governed by the Indian Child Welfare Act.
2. A court of this state shall treat a tribe as if it were a state
of the United States for the purpose of applying NRS 125A.005 to 125A.395 , inclusive.
3. A child custody determination made by a tribe under factual
circumstances in substantial conformity with the jurisdictional standards
of the provisions of this chapter must be recognized and enforced
pursuant to NRS 125A.405 to 125A.585
, inclusive.
(Added to NRS by 2003, 992 )
1. A court of this state shall treat a foreign country as if it
were a state of the United States for the purpose of applying NRS
125A.005 to 125A.395 , inclusive.
2. Except as otherwise provided in subsection 3, a child custody
determination made in a foreign country under factual circumstances in
substantial conformity with the jurisdictional standards of the
provisions of this chapter must be recognized and enforced pursuant to
NRS 125A.405 to 125A.585 , inclusive.
3. The provisions of this section do not apply if the child
custody laws of the foreign country where the child custody determination
was made violate fundamental principles of human rights.
(Added to NRS by 2003, 992 )
A child
custody determination made by a court of this state that had jurisdiction
pursuant to the provisions of this chapter binds all persons who have
been served in accordance with the laws of this state or notified in
accordance with NRS 125A.255 or who
have submitted to the jurisdiction of the court, and who have been given
an opportunity to be heard. As to those persons, the determination is
conclusive as to all decided issues of law and fact except to the extent
the determination is modified.
(Added to NRS by 2003, 992 )
If a question of existence or exercise of
jurisdiction pursuant to the provisions of this chapter is raised in a
child custody proceeding, the question, upon request of a party, must be
given priority on the calendar and handled expeditiously.
(Added to NRS by 2003, 992 )
1. Notice required for the exercise of jurisdiction when a person
is outside this State may be given in a manner prescribed by the law of
this State for service of process or by the law of the state in which the
service is made. Notice must be given in a manner reasonably calculated
to give actual notice but may be by publication if other means are not
effective.
2. Proof of service may be made in the manner prescribed by the
law of this State or by the law of the state in which the service is made.
3. Notice is not required for the exercise of jurisdiction with
respect to a person who submits to the jurisdiction of the court.
(Added to NRS by 2003, 992 )
1. A party to a child custody proceeding, including a modification
proceeding, or a petitioner or respondent in a proceeding to enforce or
register a child custody determination, is not subject to personal
jurisdiction in this state for another proceeding or purpose solely by
reason of having participated, or of having been physically present for
the purpose of participating, in the proceeding.
2. A person who is subject to personal jurisdiction in this state
on a basis other than physical presence is not immune from service of
process in this state. A party present in this state who is subject to
the jurisdiction of another state is not immune from service of process
allowable pursuant to the laws of that state.
3. The immunity granted pursuant to subsection 1 does not extend
to civil litigation based on acts unrelated to the participation in a
proceeding conducted pursuant to the provisions of this chapter committed
by a natural person while present in this state.
(Added to NRS by 2003, 993 )
1. A court of this state may communicate with a court in another
state concerning a proceeding arising pursuant to the provisions of this
chapter.
2. The court may allow the parties to participate in the
communication. If the parties are not able to participate in the
communication, the parties must be given the opportunity to present facts
and legal arguments before a decision on jurisdiction is made.
3. Communication between courts concerning schedules, calendars,
court records and similar matters may occur without informing the
parties. A record need not be made of the communication.
4. Except as otherwise provided in subsection 3, a record must be
made of a communication pursuant to this section. The parties must be
informed promptly of the communication and granted access to the record.
5. For the purposes of this section, “record” means information
that is inscribed on a tangible medium or that is stored in an electronic
or other medium and is retrievable in perceivable form.
(Added to NRS by 2003, 993 )
1. In addition to other procedures available to a party, a party
to a child custody proceeding may offer testimony of witnesses who are
located in another state, including testimony of the parties and the
child, by deposition or other means allowable in this state for testimony
taken in another state. The court on its own motion may order that the
testimony of a person be taken in another state and may prescribe the
manner in which and the terms upon which the testimony is taken.
2. A court of this state:
(a) May permit a natural person residing in another state to be
deposed or to testify by telephone, audiovisual means or other electronic
means before a designated court or at another location in that state; and
(b) Shall cooperate with courts of other states in designating an
appropriate location for the deposition or testimony.
3. Documentary evidence transmitted from another state to a court
of this state by technological means that do not produce an original
writing may not be excluded from evidence on an objection based on the
means of transmission.
(Added to NRS by 2003, 993 )
1. A court of this State may request the appropriate court of
another state to:
(a) Hold an evidentiary hearing;
(b) Order a person to produce or give evidence pursuant to
procedures of that state;
(c) Order that an evaluation be made with respect to the custody of
a child involved in a pending proceeding;
(d) Forward to the court of this State a certified copy of the
transcript of the record of the hearing, the evidence otherwise presented
and any evaluation prepared in compliance with the request; and
(e) Order a party to a child custody proceeding or any person
having physical custody of the child to appear in the proceeding with or
without the child.
2. Upon request of a court of another state, a court of this State
may hold a hearing or enter an order described in subsection 1.
3. Travel and other necessary and reasonable expenses incurred
pursuant to subsections 1 and 2 may be assessed against the parties
according to the law of this State.
4. A court of this State shall preserve the pleadings, orders,
decrees, records of hearings, evaluations and other pertinent records
with respect to a child custody proceeding until the child attains 18
years of age. Upon appropriate request by a court or law enforcement
officer of another state, the court shall forward a certified copy of
those records.
(Added to NRS by 2003, 994 )
ARTICLE 2—JURISDICTION
1. Except as otherwise provided in NRS 125A.335 , a court of this State has jurisdiction to
make an initial child custody determination only if:
(a) This State is the home state of the child on the date of the
commencement of the proceeding or was the home state of the child within
6 months before the commencement of the proceeding and the child is
absent from this State but a parent or person acting as a parent
continues to live in this State;
(b) A court of another state does not have jurisdiction pursuant to
paragraph (a) or a court of the home state of the child has declined to
exercise jurisdiction on the ground that this State is the more
appropriate forum pursuant to NRS 125A.365 or 125A.375 and:
(1) The child and the child’s parents, or the child and at
least one parent or a person acting as a parent, have a significant
connection with this State other than mere physical presence; and
(2) Substantial evidence is available in this State
concerning the child’s care, protection, training and personal
relationships;
(c) All courts having jurisdiction pursuant to paragraph (a) or (b)
have declined to exercise jurisdiction on the ground that a court of this
State is the more appropriate forum to determine the custody of the child
pursuant to NRS 125A.365 or 125A.375
; or
(d) No court of any other state would have jurisdiction pursuant to
the criteria specified in paragraph (a), (b) or (c).
2. Subsection 1 is the exclusive jurisdictional basis for making a
child custody determination by a court of this State.
3. Physical presence of, or personal jurisdiction over, a party or
a child is not necessary or sufficient to make a child custody
determination.
(Added to NRS by 2003, 994 )
1. Except as otherwise provided in NRS 125A.335 , a court of this state which has made a
child custody determination consistent with NRS 125A.305 or 125A.325 has exclusive, continuing jurisdiction over
the determination until:
(a) A court of this state determines that the child, the child’s
parents and any person acting as a parent do not have a significant
connection with this state and that substantial evidence is no longer
available in this state concerning the child’s care, protection, training
and personal relationships; or
(b) A court of this state or a court of another state determines
that the child, the child’s parents and any person acting as a parent do
not presently reside in this state.
2. A court of this state which has made a child custody
determination and does not have exclusive, continuing jurisdiction
pursuant to this section may modify that determination only if it has
jurisdiction to make an initial determination pursuant to NRS 125A.305
.
(Added to NRS by 2003, 994 )
Except as
otherwise provided in NRS 125A.335 , a
court of this state may not modify a child custody determination made by
a court of another state unless a court of this state has jurisdiction to
make an initial determination pursuant to paragraph (a) or (b) of
subsection 1 of NRS 125A.305 and:
1. The court of the other state determines it no longer has
exclusive, continuing jurisdiction pursuant to NRS 125A.315 or that a court of this state would be a
more convenient forum pursuant to NRS 125A.365 ; or
2. A court of this state or a court of the other state determines
that the child, the child’s parents and any person acting as a parent do
not presently reside in the other state.
(Added to NRS by 2003, 995 )
1. A court of this state has temporary emergency jurisdiction if
the child is present in this state and the child has been abandoned or it
is necessary in an emergency to protect the child because the child, or a
sibling or parent of the child, is subjected to or threatened with
mistreatment or abuse.
2. If there is no previous child custody determination that is
entitled to be enforced pursuant to the provisions of this chapter and a
child custody proceeding has not been commenced in a court of a state
having jurisdiction pursuant to NRS 125A.305 , 125A.315 and 125A.325 , a child custody determination made pursuant
to this section remains in effect until an order is obtained from a court
of a state having jurisdiction pursuant to NRS 125A.305 , 125A.315 and 125A.325 . If a child custody proceeding has not been
or is not commenced in a court of a state having jurisdiction pursuant to
NRS 125A.305 , 125A.315 and 125A.325 , a child custody determination made pursuant
to this section becomes a final determination, if it so provides, and
this state becomes the home state of the child.
3. If there is a previous child custody determination that is
entitled to be enforced pursuant to the provisions of this chapter, or a
child custody proceeding has been commenced in a court of a state having
jurisdiction pursuant to NRS 125A.305 , 125A.315 and 125A.325 , any order issued by a court of this state
pursuant to this section must specify in the order a period that the
court considers adequate to allow the person seeking an order to obtain
an order from the state having jurisdiction pursuant to NRS 125A.305
, 125A.315 and 125A.325 . The order issued in this state remains in
effect until an order is obtained from the other state within the period
specified or the period expires.
4. A court of this state which has been asked to make a child
custody determination pursuant to this section, upon being informed that
a child custody proceeding has been commenced in, or a child custody
determination has been made by, a court of a state having jurisdiction
pursuant to NRS 125A.305 , 125A.315
and 125A.325 , shall immediately communicate with the
other court. A court of this state which is exercising jurisdiction
pursuant to NRS 125A.305 , 125A.315
and 125A.325 , upon being informed that a child custody
proceeding has been commenced in, or a child custody determination has
been made by, a court of another state pursuant to a statute similar to
this section shall immediately communicate with the court of that state
to resolve the emergency, protect the safety of the parties and the
child, and determine a period for the duration of the temporary order.
(Added to NRS by 2003, 995 )
1. Before a child custody determination is made pursuant to the
provisions of this chapter, notice and an opportunity to be heard in
accordance with the standards of NRS 125A.255 must be given to all persons entitled to
notice pursuant to the law of this state as in child custody proceedings
between residents of this state, any parent whose parental rights have
not been previously terminated and any person having physical custody of
the child.
2. The provisions of this chapter do not govern the enforceability
of a child custody determination made without notice or an opportunity to
be heard.
3. The obligation to join a party and the right to intervene as a
party in a child custody proceeding conducted pursuant to the provisions
of this chapter are governed by the law of this state as in child custody
proceedings between residents of this state.
(Added to NRS by 2003, 996 )
1. Except as otherwise provided in NRS 125A.335 , a court of this state may not exercise its
jurisdiction pursuant to NRS 125A.305
to 125A.395 , inclusive, if, at the
time of the commencement of the proceeding, a proceeding concerning the
custody of the child has been commenced in a court of another state
having jurisdiction substantially in conformity with the provisions of
this chapter, unless the proceeding has been terminated or is stayed by
the court of the other state because a court of this state is a more
convenient forum pursuant to NRS 125A.365 .
2. Except as otherwise provided in NRS 125A.335 , a court of this state, before hearing a
child custody proceeding, shall examine the court documents and other
information supplied by the parties pursuant to NRS 125A.385 . If the court determines that a child
custody proceeding has been commenced in a court in another state having
jurisdiction substantially in accordance with the provisions of this
chapter, the court of this state shall stay its proceeding and
communicate with the court of the other state. If the court of the state
having jurisdiction substantially in accordance with the provisions of
this chapter does not determine that the court of this state is a more
appropriate forum, the court of this state shall dismiss the proceeding.
3. In a proceeding to modify a child custody determination, a
court of this state shall determine whether a proceeding to enforce the
determination has been commenced in another state. If a proceeding to
enforce a child custody determination has been commenced in another
state, the court may:
(a) Stay the proceeding for modification pending the entry of an
order of a court of the other state enforcing, staying, denying or
dismissing the proceeding for enforcement;
(b) Enjoin the parties from continuing with the proceeding for
enforcement; or
(c) Proceed with the modification under conditions it considers
appropriate.
(Added to NRS by 2003, 996 )
1. A court of this state which has jurisdiction pursuant to the
provisions of this chapter to make a child custody determination may
decline to exercise its jurisdiction at any time if it determines that it
is an inconvenient forum under the circumstances and that a court of
another state is a more appropriate forum. The issue of inconvenient
forum may be raised upon motion of a party, the court’s own motion or
request of another court.
2. Before determining whether it is an inconvenient forum, a court
of this state shall consider whether it is appropriate for a court of
another state to exercise jurisdiction. For this purpose, the court shall
allow the parties to submit information and shall consider all relevant
factors, including:
(a) Whether domestic violence has occurred and is likely to
continue in the future and which state could best protect the parties and
the child;
(b) The length of time the child has resided outside this state;
(c) The distance between the court in this state and the court in
the state that would assume jurisdiction;
(d) The relative financial circumstances of the parties;
(e) Any agreement of the parties as to which state should assume
jurisdiction;
(f) The nature and location of the evidence required to resolve the
pending litigation, including testimony of the child;
(g) The ability of the court of each state to decide the issue
expeditiously and the procedures necessary to present the evidence; and
(h) The familiarity of the court of each state with the facts and
issues in the pending litigation.
3. If a court of this state determines that it is an inconvenient
forum and that a court of another state is a more appropriate forum, it
shall stay the proceedings upon condition that a child custody proceeding
be promptly commenced in another designated state and may impose any
other condition the court considers just and proper.
4. A court of this state may decline to exercise its jurisdiction
pursuant to the provisions of this chapter if a child custody
determination is incidental to an action for divorce or another
proceeding while still retaining jurisdiction over the divorce or other
proceeding.
(Added to NRS by 2003, 997 )
1. Except as otherwise provided in NRS 125A.335 or by other state law, if a court of this
state has jurisdiction pursuant to the provisions of this chapter because
a person seeking to invoke its jurisdiction has engaged in unjustifiable
conduct, the court shall decline to exercise its jurisdiction unless:
(a) The parents and all persons acting as parents have acquiesced
in the exercise of jurisdiction;
(b) A court of the state otherwise having jurisdiction pursuant to
NRS 125A.305 , 125A.315 and 125A.325 determines that this state is a more
appropriate forum pursuant to NRS 125A.365 ; or
(c) No court of any other state would have jurisdiction pursuant to
the criteria specified in NRS 125A.305 , 125A.315 and 125A.325 .
2. If a court of this state declines to exercise its jurisdiction
pursuant to subsection 1, it may fashion an appropriate remedy to ensure
the safety of the child and prevent a repetition of the unjustifiable
conduct, including staying the proceeding until a child custody
proceeding is commenced in a court having jurisdiction pursuant to NRS
125A.305 , 125A.315 and 125A.325 .
3. If a court dismisses a petition or stays a proceeding because
it declines to exercise its jurisdiction pursuant to subsection 1, it
shall assess against the party seeking to invoke its jurisdiction
necessary and reasonable expenses including costs, communication
expenses, attorney’s fees, investigative fees, expenses for witnesses,
travel expenses and child care during the course of the proceedings,
unless the party from whom fees are sought establishes that the
assessment would be clearly inappropriate. The court may not assess fees,
costs or expenses against this state unless authorized by law other than
the provisions of this chapter.
(Added to NRS by 2003, 997 )
1. Except as otherwise provided by state law, in a child custody
proceeding, each party, in its first pleading or in an attached
affidavit, shall give information, if reasonably ascertainable, under
oath as to the child’s present address or whereabouts, the places where
the child has lived during the last 5 years, and the names and present
addresses of the persons with whom the child has lived during that
period. The pleading or affidavit must state whether the party:
(a) Has participated, as a party or witness or in any other
capacity, in any other proceeding concerning the custody of or visitation
with the child and, if so, identify the court, the case number and the
date of the child custody determination, if any;
(b) Knows of any proceeding that could affect the current
proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of parental
rights and adoptions and, if so, identify the court, the case number and
the nature of the proceeding; and
(c) Knows the names and addresses of any person not a party to the
proceeding who has physical custody of the child or claims rights of
legal custody or physical custody of, or visitation with, the child and,
if so, the names and addresses of those persons.
2. If the information required by subsection 1 is not furnished,
the court, upon motion of a party or its own motion, may stay the
proceeding until the information is furnished.
3. If the declaration as to any of the items described in
paragraphs (a), (b) and (c) of subsection 1 is in the affirmative, the
declarant shall give additional information under oath as required by the
court. The court may examine the parties under oath as to details of the
information furnished and other matters pertinent to the court’s
jurisdiction and the disposition of the case.
4. Each party has a continuing duty to inform the court of any
proceeding in this or any other state that could affect the current
proceeding.
5. If a party alleges in an affidavit or a pleading under oath
that the health, safety or liberty of a party or child would be
jeopardized by disclosure of identifying information, the information
must be sealed and may not be disclosed to the other party or the public
unless the court orders the disclosure to be made after a hearing in
which the court takes into consideration the health, safety or liberty of
the party or child and determines that the disclosure is in the interest
of justice.
(Added to NRS by 2003, 998 )
1. In a child custody proceeding in this state, the court may
order a party to the proceeding who is in this state to appear before the
court in person with or without the child. The court may order any person
who is in this state and who has physical custody or control of the child
to appear in person with the child.
2. If a party to a child custody proceeding whose presence is
desired by the court is outside this state, the court may order that a
notice given pursuant to NRS 125A.255
include a statement directing the party to appear in person with or
without the child and informing the party that failure to appear may
result in a decision adverse to the party.
3. The court may enter any orders necessary to ensure the safety
of the child and of any person ordered to appear pursuant to this section.
4. If a party to a child custody proceeding who is outside this
state is directed to appear pursuant to subsection 2 or desires to appear
personally before the court with or without the child, the court may
require another party to pay reasonable and necessary travel and other
expenses of the party so appearing and of the child.
(Added to NRS by 2003, 999 )
ARTICLE 3—ENFORCEMENT
As used in NRS 125A.405 to 125A.585 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 125A.415 and 125A.425 have the meanings ascribed to them in those
sections.
(Added to NRS by 2003, 999 )
“Petitioner” means a person
who seeks enforcement of an order for return of a child pursuant to the
Hague Convention on the Civil Aspects of International Child Abduction or
enforcement of a child custody determination.
(Added to NRS by 2003, 999 )
“Respondent” means a person
against whom a proceeding has been commenced for enforcement of an order
for return of a child pursuant to the Hague Convention on the Civil
Aspects of International Child Abduction or enforcement of a child
custody determination.
(Added to NRS by 2003, 999 )
Pursuant to NRS
125A.405 to 125A.585 , inclusive, a court of this state may
enforce an order for the return of a child made pursuant to the Hague
Convention on the Civil Aspects of International Child Abduction as if it
were a child custody determination.
(Added to NRS by 2003, 999 )
1. A court of this state shall recognize and enforce a child
custody determination of a court of another state if the latter court
exercised jurisdiction in substantial conformity with the provisions of
this chapter or the determination was made under factual circumstances
meeting the jurisdictional standards of the provisions of this chapter
and the determination has not been modified in accordance with the
provisions of this chapter.
2. A court of this state may utilize any remedy available pursuant
to other law of this state to enforce a child custody determination made
by a court of another state. The remedies provided pursuant to NRS
125A.405 to 125A.585 , inclusive, are cumulative and do not affect
the availability of other remedies to enforce a child custody
determination.
(Added to NRS by 2003, 999 )
1. A court of this state which does not have jurisdiction to
modify a child custody determination may issue a temporary order
enforcing:
(a) A visitation schedule made by a court of another state; or
(b) The visitation provisions of a child custody determination of
another state that does not provide for a specific visitation schedule.
2. If a court of this state makes an order pursuant to paragraph
(b) of subsection 1, it shall specify in the order a period that it
considers adequate to allow the petitioner to obtain an order from a
court having jurisdiction pursuant to the criteria specified in NRS
125A.305 to 125A.395 , inclusive. The order remains in effect
until an order is obtained from the other court or the period expires.
(Added to NRS by 2003, 999 )
1. A child custody determination issued by a court of another
state may be registered in this state, with or without a simultaneous
request for enforcement, by sending to a court of this state which is
competent to hear custody matters:
(a) A letter or other document requesting registration;
(b) Two copies, including one certified copy, of the determination
sought to be registered, and a statement under penalty of perjury that to
the best of the knowledge and belief of the person seeking registration
the order has not been modified; and
(c) Except as otherwise provided in NRS 125A.385 , the name and address of the person seeking
registration and any parent or person acting as a parent who has been
awarded custody or visitation in the child custody determination sought
to be registered.
2. On receipt of the documents required by subsection 1, the
registering court shall:
(a) Cause the determination to be filed as a foreign judgment,
together with one copy of any accompanying documents and information,
regardless of their form; and
(b) Serve notice upon the persons named pursuant to paragraph (c)
of subsection 1 and provide them with an opportunity to contest the
registration in accordance with this section.
3. The notice required by paragraph (b) of subsection 2 must state
that:
(a) A registered determination is enforceable as of the date of the
registration in the same manner as a determination issued by a court of
this state;
(b) A hearing to contest the validity of the registered
determination must be requested within 20 days after service of notice;
and
(c) Failure to contest the registration will result in confirmation
of the child custody determination and preclude further contest of that
determination with respect to any matter that could have been asserted.
4. A person seeking to contest the validity of a registered order
must request a hearing within 20 days after service of the notice. At
that hearing, the court shall confirm the registered order unless the
person contesting registration establishes that:
(a) The issuing court did not have jurisdiction pursuant to NRS
125A.305 to 125A.395 , inclusive;
(b) The child custody determination sought to be registered has
been vacated, stayed or modified by a court having jurisdiction to do so
pursuant to NRS 125A.305 to 125A.395
, inclusive; or
(c) The person contesting registration was entitled to notice, but
notice was not given in accordance with the standards of NRS 125A.255
, in the proceedings before the court
that issued the order for which registration is sought.
5. If a timely request for a hearing to contest the validity of
the registration is not made, the registration is confirmed as a matter
of law and the person requesting registration and all persons served must
be notified of the confirmation.
6. Confirmation of a registered order, whether by operation of law
or after notice and hearing, precludes further contest of the order with
respect to any matter that could have been asserted at the time of
registration.
7. The provisions of this section do not apply to an order for
protection against domestic violence issued by the court of another
state, territory or Indian tribe within the United States which is
registered pursuant to NRS 33.090 .
(Added to NRS by 2003, 1000 )
1. A court of this state may grant any relief normally available
pursuant to the law of this state to enforce a registered child custody
determination made by a court of another state.
2. A court of this state shall recognize and enforce, but may not
modify except in accordance with NRS 125A.305 to 125A.395 , inclusive, a registered child custody
determination of a court of another state.
(Added to NRS by 2003, 1001 )
1. If a proceeding for enforcement pursuant to the provisions of
NRS 125A.405 to 125A.585 , inclusive, is commenced in a court of this
state and the court determines that a proceeding to modify the
determination is pending in a court of another state having jurisdiction
to modify the determination pursuant to NRS 125A.305 to 125A.395 , inclusive, the enforcing court shall
immediately communicate with the modifying court.
2. The proceeding for enforcement continues unless the enforcing
court, after consultation with the modifying court, stays or dismisses
the proceeding.
(Added to NRS by 2003, 1001 )
1. A petition pursuant to NRS 125A.405 to 125A.585 , inclusive, must be verified. Certified
copies of all orders sought to be enforced and of any order confirming
registration must be attached to the petition. A copy of a certified copy
of an order may be attached instead of the original.
2. A petition for enforcement of a child custody determination
must state:
(a) Whether the court that issued the determination identified the
jurisdictional basis it relied upon in exercising jurisdiction and, if
so, what the basis was;
(b) Whether the determination for which enforcement is sought has
been vacated, stayed or modified by a court whose decision must be
enforced pursuant to the provisions of this chapter and, if so, identify
the court, the case number and the nature of the proceeding;
(c) Whether any proceeding has been commenced that could affect the
current proceeding, including proceedings relating to domestic violence,
protective orders, termination of parental rights and adoptions and, if
so, identify the court, the case number and the nature of the proceeding;
(d) The present physical address of the child and the respondent,
if known;
(e) Whether relief in addition to the immediate physical custody of
the child and attorney’s fees is sought, including a request for
assistance from law enforcement officers and, if so, the relief sought;
and
(f) If the child custody determination has been registered and
confirmed pursuant to NRS 125A.465 ,
the date and place of registration.
3. Upon the filing of a petition, the court shall issue an order
directing the respondent to appear in person with or without the child at
a hearing and may enter any order necessary to ensure the safety of the
parties and the child. The hearing must be held on the next judicial day
after service of the order unless that date is impossible. If that date
is impossible, the court shall hold the hearing on the first judicial day
possible. The court may extend the date of the hearing at the request of
the petitioner.
4. An order issued pursuant to subsection 3 must state the time
and place of the hearing and advise the respondent that at the hearing
the court will order that the petitioner may take immediate physical
custody of the child and the payment of fees, costs and expenses pursuant
to NRS 125A.535 , and may schedule a
hearing to determine whether further relief is appropriate, unless the
respondent appears and establishes that:
(a) The child custody determination has not been registered and
confirmed pursuant to NRS 125A.465
and that:
(1) The issuing court did not have jurisdiction pursuant to
NRS 125A.305 to 125A.395 , inclusive;
(2) The child custody determination for which enforcement is
sought has been vacated, stayed or modified by a court having
jurisdiction to do so pursuant to NRS 125A.305 to 125A.395 , inclusive; or
(3) The respondent was entitled to notice, but notice was
not given in accordance with the standards of NRS 125A.255 , in the proceedings before the court that
issued the order for which enforcement is sought; or
(b) The child custody determination for which enforcement is sought
was registered and confirmed pursuant to NRS 125A.465 , but has been vacated, stayed or modified by
a court of a state having jurisdiction to do so pursuant to NRS 125A.305
to 125A.395 , inclusive.
(Added to NRS by 2003, 1001 )
Except as otherwise
provided in NRS 125A.525 , the
petition and order must be served, by any method authorized by state law,
upon respondent and any person who has physical custody of the child.
(Added to NRS by 2003, 1002 )
1. Unless the court issues a temporary emergency order pursuant to
NRS 125A.335 , upon a finding that a
petitioner is entitled to immediate physical custody of the child, the
court shall order that the petitioner may take immediate physical custody
of the child unless the respondent establishes that:
(a) The child custody determination has not been registered and
confirmed pursuant to NRS 125A.465
and that:
(1) The issuing court did not have jurisdiction pursuant to
NRS 125A.305 to 125A.395 , inclusive;
(2) The child custody determination for which enforcement is
sought has been vacated, stayed or modified by a court of a state having
jurisdiction to do so pursuant to NRS 125A.305 to 125A.395 , inclusive; or
(3) The respondent was entitled to notice, but notice was
not given in accordance with the standards of NRS 125A.255 , in the proceedings before the court that
issued the order for which enforcement is sought; or
(b) The child custody determination for which enforcement is sought
was registered and confirmed pursuant to NRS 125A.465 , but has been vacated, stayed or modified by
a court of a state having jurisdiction to do so pursuant to NRS 125A.305
to 125A.395 , inclusive.
2. The court shall award the fees, costs and expenses authorized
pursuant to NRS 125A.535 and may
grant additional relief, including a request for the assistance of law
enforcement officers, and set a further hearing to determine whether
additional relief is appropriate.
3. If a party called to testify refuses to answer on the ground
that the testimony may be self-incriminating, the court may draw an
adverse inference from the refusal.
4. A privilege against disclosure of communications between
spouses and a defense of immunity based on the relationship of husband
and wife or parent and child may not be invoked in a proceeding conducted
pursuant to NRS 125A.405 to 125A.585
, inclusive.
(Added to NRS by 2003, 1002 )
1. Upon the filing of a petition seeking enforcement of a child
custody determination, the petitioner may file a verified application for
the issuance of a warrant to take physical custody of the child if the
child is immediately likely to suffer serious physical harm or to be
removed from this state.
2. If the court, upon the testimony of the petitioner or other
witness, finds that the child is immediately likely to suffer serious
physical harm or to be removed from this state, it may issue a warrant to
take physical custody of the child. The petition must be heard on the
next judicial day after the warrant is executed unless that date is
impossible. If that date is impossible, the court shall hold the hearing
on the first judicial day possible. The application for the warrant must
include the statements required by subsection 2 of NRS 125A.495 .
3. A warrant to take physical custody of a child must:
(a) Recite the facts upon which the conclusion that the child is
immediately likely to suffer serious physical harm or to be removed from
this state is based;
(b) Direct law enforcement officers to take physical custody of the
child immediately; and
(c) Provide for the placement of the child pending final relief.
4. The respondent must be served with the petition, warrant and
order immediately after the child is taken into physical custody.
5. A warrant to take physical custody of a child is enforceable
throughout this state. If the court finds on the basis of the testimony
of the petitioner or other witness that a less intrusive remedy is not
effective, it may authorize law enforcement officers to enter private
property to take physical custody of the child. If required by exigent
circumstances of the case, the court may authorize law enforcement
officers to make a forcible entry at any hour.
6. The court may impose conditions upon placement of a child to
ensure the appearance of the child and the child’s custodian.
(Added to NRS by 2003, 1003 )
1. The court shall award the prevailing party, including a state,
necessary and reasonable expenses incurred by or on behalf of the party,
including costs, communication expenses, attorney’s fees, investigative
fees, expenses for witnesses, travel expenses and child care during the
course of the proceedings, unless the party from whom fees or expenses
are sought establishes that the award would be clearly inappropriate.
2. The court may not assess fees, costs or expenses against a
state unless authorized by law other than the provisions of this chapter.
(Added to NRS by 2003, 1003 )
A court of this state
shall accord full faith and credit to an order issued by another state
and consistent with the provisions of this chapter which enforces a child
custody determination by a court of another state unless the order has
been vacated, stayed or modified by a court having jurisdiction to do so
pursuant to NRS 125A.305 to 125A.395
, inclusive.
(Added to NRS by 2003, 1004 )
1. An appeal may be taken from a final order in a proceeding
conducted pursuant to the provisions of NRS 125A.405 to 125A.585 , inclusive, in the same manner as appeals in
other civil cases are taken.
2. To the extent consistent with the Nevada Rules of Appellate
Procedure, the Supreme Court shall expedite an appeal brought pursuant to
this section.
3. Unless the court enters a temporary emergency order pursuant to
NRS 125A.335 , the enforcing court may
not stay an order enforcing a child custody determination pending appeal.
(Added to NRS by 2003, 1004 )
1. In a case arising pursuant to the provisions of this chapter or
involving the Hague Convention on the Civil Aspects of International
Child Abduction, a district attorney or the Attorney General may take any
lawful action, including resort to a proceeding brought pursuant to NRS
125A.405 to 125A.585 , inclusive, or any other available civil
proceeding to locate a child, obtain the return of a child or enforce a
child custody determination if there is:
(a) An existing child custody determination;
(b) A request to do so from a court in a pending child custody
proceeding;
(c) A reasonable belief that a criminal statute has been violated;
or
(d) A reasonable belief that the child has been wrongfully removed
or retained in violation of the Hague Convention on the Civil Aspects of
International Child Abduction.
2. A district attorney or the Attorney General acting pursuant to
this section acts on behalf of the court and may not represent any party.
(Added to NRS by 2003, 1004 )
At the request of
a district attorney or the Attorney General acting pursuant to NRS
125A.565 , a law enforcement officer
may take any lawful action reasonably necessary to locate a child or a
party and assist the district attorney or the Attorney General with
responsibilities pursuant to NRS 125A.565 .
(Added to NRS by 2003, 1004 )
If the respondent is not the
prevailing party, the court may assess against the respondent all direct
expenses and costs incurred by a district attorney or the Attorney
General and law enforcement officers pursuant to NRS 125A.565 or 125A.575 .
(Added to NRS by 2003, 1004 )
ARTICLE 4—MISCELLANEOUS PROVISIONS
In applying and
construing the Uniform Child Custody Jurisdiction and Enforcement Act,
consideration must be given to the need to promote uniformity of the law
with respect to its subject matter among states that enact it.
(Added to NRS by 2003, 1004 )
