Senate Bill No. 48–Senator Care
CHAPTER..........
AN ACT relating to child custody; adopting the revision of the Uniform Child Custody Jurisdiction and Enforcement Act; providing for the transition from the present act to the act as revised; 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. Chapter 125A of NRS is hereby amended by
adding thereto the provisions set forth as sections 2 to 59, inclusive,
of this act.
Sec. 2. This chapter may be cited as the Uniform Child
Custody Jurisdiction and Enforcement Act.
Sec. 3. As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 4 to 19,
inclusive, of this act have the meanings ascribed to them in those
sections.
Sec. 4. “Abandoned” means left without provision for
reasonable and necessary care or supervision.
Sec. 5. “Child” means a person who has not attained 18
years of age.
Sec. 6. 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.
Sec. 7. 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 sections 40 to 58, inclusive, of this act.
Sec. 8. “Commencement” means the filing of the first
pleading in a proceeding.
Sec. 9. “Court” means an entity authorized pursuant to the
law of a state to establish, enforce or modify a child custody
determination.
Sec. 10. “Home state” means:
1. The state in which a child lived with a parent or a person
acting as a parent for at least six 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 six 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.
Sec. 11. “Initial determination” means the first child custody
determination concerning a particular child.
Sec. 12. “Issuing court” means the court that makes a child
custody determination for which enforcement is sought pursuant
to the provisions of this chapter.
Sec. 13. “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.
Sec. 14. “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.
Sec. 15. “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 six consecutive months,
including any temporary absence, within one 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.
Sec. 16. “Physical custody” means the physical care and
supervision of a child.
Sec. 17. “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.
Sec. 18. “Tribe” means an Indian tribe or band or Alaskan
native village, which is recognized by federal law or formally
acknowledged by a state.
Sec. 19. “Warrant” means an order issued by a court
authorizing law enforcement officers to take physical custody of a
child.
Sec. 20. 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.
Sec. 21. 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 sections 2 to 39,
inclusive, of this act.
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 sections 40 to 58, inclusive,
of this act.
Sec. 22. 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
sections 2 to 39, inclusive, of this act.
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 sections 40 to 58, inclusive, of this act.
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.
Sec. 23. 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 section 25
of this act 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.
Sec. 24. 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.
Sec. 25. 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.
Sec. 26. 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.
Sec. 27. 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.
Sec. 28. 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.
Sec. 29. 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.
Sec. 30. 1. Except as otherwise provided in section 33 of
this act, 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 six 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 section 36 or 37 of this
act 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 section 36 or 37 of this act; 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.
Sec. 31. 1. Except as otherwise provided in section 33 of
this act, a court of this state which has made a child custody
determination consistent with section 30 or 32 of this act 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
section 30 of this act.
Sec. 32. Except as otherwise provided in section 33 of this
act, 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 section 30 of
this act and:
1. The court of the other state determines it no longer has
exclusive, continuing jurisdiction pursuant to section 31 of this act
or that a court of this state would be a more convenient forum
pursuant to section 36 of this act; 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.
Sec. 33. 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 sections 30, 31 and
32 of this act, 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 sections 30, 31 and 32 of
this act. If a child custody proceeding has not been or is not
commenced in a court of a state having jurisdiction pursuant to
sections 30, 31 and 32 of this act, 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 sections 30, 31 and 32 of this
act, 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 sections 30, 31 and
32 of this act. 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 sections 30, 31 and 32 of this
act, shall immediately communicate with the other court. A court
of this state which is exercising jurisdiction pursuant to sections
30, 31 and 32 of this act, 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.
Sec. 34. 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
section 25 of this act 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.
Sec. 35. 1. Except as otherwise provided in section 33 of
this act, a court of this state may not exercise its jurisdiction
pursuant to sections 30 to 39, inclusive, of this act 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 section
36 of this act.
2. Except as otherwise provided in section 33 of this act, 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 section 38 of this act. 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.
Sec. 36. 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.
Sec. 37. 1. Except as otherwise provided in section 33 of
this act 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 sections 30, 31 and 32 of this act determines that this state is a
more appropriate forum pursuant to section 36 of this act; or
(c) No court of any other state would have jurisdiction
pursuant to the criteria specified in sections 30, 31 and 32 of this
act.
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 sections 30, 31 and 32 of this act.
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.
Sec. 38. 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
five 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.
Sec. 39. 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 section 25 of this act 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.
Sec. 40. As used in sections 40 to 58, inclusive, of this act,
unless the context otherwise requires, the words and terms defined
in sections 41 and 42 of this act have the meanings ascribed to
them in those sections.
Sec. 41. “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.
Sec. 42. “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.
Sec. 43. Pursuant to sections 40 to 58, inclusive, of this act, 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.
Sec. 44. 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 sections 40 to 58, inclusive, of this act are
cumulative and do not affect the availability of other remedies to
enforce a child custody determination.
Sec. 45. 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 sections 30 to 39, inclusive, of this act. The order remains in
effect until an order is obtained from the other court or the period
expires.
Sec. 46. 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 section 38 of this act, 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
sections 30 to 39, inclusive, of this act;
(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 sections 30 to 39, inclusive, of this act; or
(c) The person contesting registration was entitled to notice,
but notice was not given in accordance with the standards of
section 25 of this act, 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.
Sec. 47. 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 sections 30 to 39, inclusive,
of this act, a registered child custody determination of a court of
another state.
Sec. 48. 1. If a proceeding for enforcement pursuant to the
provisions of sections 40 to 58, inclusive, of this act 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
sections 30 to 39, inclusive, of this act, 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.
Sec. 49. 1. A petition pursuant to sections 40 to 58,
inclusive, of this act 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 section 46 of this act, 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 section 53 of this act, 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 section 46 of this act and that:
(1) The issuing court did not have jurisdiction pursuant to
sections 30 to 39, inclusive, of this act;
(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 sections 30 to 39, inclusive, of this
act;
(3) The respondent was entitled to notice, but notice was
not given in accordance with the standards of section 25 of this
act, 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 section 45 of this
act, but has been vacated, stayed or modified by a court of a state
having jurisdiction to do so pursuant to sections 30 to 39,
inclusive, of this act.
Sec. 50. Except as otherwise provided in section 52 of this
act, 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.
Sec. 51. 1. Unless the court issues a temporary emergency
order pursuant to section 33 of this act, 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 section 46 of this act and that:
(1) the issuing court did not have jurisdiction pursuant to
sections 30 to 39, inclusive, of this act;
(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 sections 30 to 39,
inclusive, of this act; or
(3) The respondent was entitled to notice, but notice was
not given in accordance with the standards of section 25 of this
act, 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 section 46 of this
act but has been vacated, stayed or modified by a court of a state
having jurisdiction to do so pursuant to sections 30 to 39,
inclusive, of this act.
2. The court shall award the fees, costs and expenses
authorized pursuant to section 53 of this act 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 sections 40 to 58, inclusive, of
this act.
Sec. 52. 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 section 49 of this act.
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.
Sec. 53. 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.
Sec. 54. 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 sections 30 to 39, inclusive, of this act.
Sec. 55. 1. An appeal may be taken from a final order in a
proceeding conducted pursuant to the provisions of sections 40 to
58, inclusive, of this act 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 section 34 of this act, the enforcing court may not stay
an order enforcing a child custody determination pending appeal.
Sec. 56. 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 sections 40 to 58, inclusive, of this
act 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.
Sec. 57. At the request of a district attorney or the Attorney
General acting pursuant to section 56 of this act, 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
section 56 of this act.
Sec. 58. 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 section 56 or 57 of this act.
Sec. 59. 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.
Sec. 60. NRS 125.470 is hereby amended to read as follows:
125.470 1. If, during any proceeding brought under 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 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 child to be produced before it and make such
disposition of the child’s custody as appears most advantageous to
and in the best interest of 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 proceeding brought under 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 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
and in the best interest of 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 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 the court
deems that requiring the notice would likely defeat the purpose of
the order.
4. All orders for a party to appear with a child issued pursuant
to this section may be enforced [as provided by subsection 2 of NRS
125A.140.] by issuing a warrant of arrest against that party to
secure his appearance with the child.
5. A proceeding under this section must be given priority on
the court calendar.
Sec. 61. NRS 200.359 is hereby amended to read as follows:
200.359 1. A person having a limited right of custody to a
child by operation of law or pursuant to an order, judgment or
decree of any court, including a judgment or decree which grants
another person rights to custody or visitation of the child, or any
parent having no right of custody to the child, who:
(a) In violation of an order, judgment or decree of any court
willfully detains, conceals or removes the child from a parent,
guardian or other person having lawful custody or a right of
visitation of the child; or
(b) In the case of an order, judgment or decree of any court that
does not specify when the right to physical custody or visitation is to
be exercised, removes the child from the jurisdiction of the court
without the consent of either the court or all persons who have the
right to custody or visitation,
is guilty of a category D felony and shall be punished as provided in
NRS 193.130.
2. A parent who has joint legal custody of a child pursuant to
NRS 125.465 shall not willfully conceal or remove the child from
the custody of the other parent with the specific intent to deprive the
other parent of the parent and child relationship. A person
who violates this subsection shall be punished as provided in
subsection 1.
3. If the mother of a child has primary physical custody
pursuant to subsection 2 of NRS 126.031, the father of the child
shall not willfully conceal or remove the child from the physical
custody of the mother. If the father of a child has primary physical
custody pursuant to subsection 2 of NRS 126.031, the mother of the
child shall not willfully conceal or remove the child from the
physical custody of the father. A person who violates this subsection
shall be punished as provided in subsection 1.
4. Before an arrest warrant may be issued for a violation of this
section, the court must find that:
(a) This is the home state of the child, as defined in [subsection
5 of NRS 125A.040;] section 10 of this act; and
(b) There is cause to believe that the entry of a court order in a
civil proceeding brought pursuant to chapter 125, 125A or 125C of
NRS will not be effective to enforce the rights of the parties and
would not be in the best interests of the child.
5. Upon conviction for a violation of this section, the court
shall order the defendant to pay restitution for any expenses incurred
in locating or recovering the child.
6. The prosecuting attorney may recommend to the judge that
the defendant be sentenced as for a misdemeanor and the judge may
impose such a sentence if he finds that:
(a) The defendant has no prior conviction for this offense and
the child has suffered no substantial harm as a result of the offense;
or
(b) The interests of justice require that the defendant be
punished as for a misdemeanor.
7. A person who aids or abets any other person to violate this
section shall be punished as provided in subsection 1.
8. This section does not apply to a person who detains,
conceals or removes a child to protect the child from the imminent
danger of abuse or neglect or to protect himself from imminent
physical harm, and reported the detention, concealment or removal
to a law enforcement agency or an agency which provides child
welfare services within 24 hours after detaining, concealing or
removing the child, or as soon as the circumstances allowed. As
used in this subsection:
(a) “Abuse or neglect” has the meaning ascribed to it in
paragraph (a) of subsection 4 of NRS 200.508.
(b) “Agency which provides child welfare services” has the
meaning ascribed to it in NRS 432B.030.
Sec. 62. A motion or other request for relief made in a child
custody proceeding or to enforce a child custody determination
which was commenced before October 1, 2003, is governed by the
law in effect at the time the motion or other request was made.
Sec. 63. NRS 125A.010, 125A.020, 125A.030, 125A.040,
125A.050, 125A.060, 125A.070, 125A.080, 125A.090, 125A.100,
125A.110, 125A.120, 125A.130, 125A.140, 125A.150, 125A.160,
125A.170, 125A.180, 125A.190, 125A.200, 125A.210, 125A.220,
125A.230, 125A.240 and 125A.250 are hereby repealed.
20~~~~~03