SUMMARY--Revises provisions governing orders for physical custody of minor child during proceeding for divorce, separate maintenance or annulment. (BDR 11-607)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to children; authorizing a court to issue an ex parte order under certain circumstances for the physical custody of a minor child; authorizing a court in certain circumstances to waive the period of notice otherwise required before a person who is awarded physical custody of a minor child may obtain physical custody of that child; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 125.470 is hereby amended to read as follows:
125.470 1. If, during [any] a proceeding brought [under] pursuant to this chapter, either before or after the entry of a final order concerning the custody of a minor child, it appears to the court that [any] a minor child of either party has been, or is likely to be, taken or removed out of this state or concealed within this state, the court shall forthwith order [such] the child to be produced before it and make such disposition of the child's custody as appears most advantageous to the child and most likely to secure to him the benefit of the final order or the modification or termination of the final order to be made in his behalf.
2. If, during [any] a proceeding brought [under] pursuant to this chapter, either before or after the entry of a final order concerning the custody of a minor child, the court finds that it would be in the best interest of the minor child, the court may enter an ex parte order providing that a party may, with the assistance of the appropriate law enforcement agency, obtain physical custody of the child from the party having physical custody of the child. The order must provide that if the party obtains physical custody of the child, the child must be produced before the court as soon as practicable to allow the court to make such disposition of the child's custody as appears most advantageous to the child and most likely to secure to him the benefit of the final order or the modification or termination of the final order to be made in his behalf.
3. [If] Except as otherwise provided in subsection 4, if the court enters an order pursuant to subsection 2 providing that a party may obtain physical custody of a child, the court shall order that party to give the party having physical custody of the child notice at least 24 hours before the time at which he intends to obtain physical custody of the child . [, unless]
4. The court may waive the notice required pursuant to subsection 3 if the court deems that [requiring] :
(a) Requiring the notice would likely defeat the purpose of the order [.
4.] ; or
(b) Notice cannot reasonably be given to the party who has physical custody of the child because the location of that party is unknown.
5. All orders [for a party to appear with a child] issued pursuant to this section which direct a party to appear with a child may be enforced as provided by subsection 2 of NRS 125A.140.
[5.] 6. A proceeding [under] pursuant to this section must be given priority on the court calendar.
Sec. 2. This act becomes effective upon passage and approval.