NRS 125A.015 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS125A.025 to 125A.175, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 2003, 990)

NRS 125A.025 Abandoneddefined. Abandoned means left withoutprovision for reasonable and necessary care or supervision.

(Added to NRS by 2003, 990)

NRS 125A.035 Childdefined. Child means a person who has not attained18 years of age.

(Added to NRS by 2003, 990)

NRS 125A.045 Childcustody determination defined.

1. Child custody determination means a judgment,decree or other order of a court which provides for the legal custody, physicalcustody or visitation with respect to a child.

2. The term includes a permanent, temporary, initialand modification order.

3. The term does not include an order relating tochild support or other monetary obligation of a natural person.

(Added to NRS by 2003, 990)

NRS 125A.055 Childcustody proceeding defined.

1. Child custody proceeding means a proceeding inwhich legal custody, physical custody or visitation with respect to a child isan issue.

2. The term includes a proceeding for divorce,separation, neglect, abuse, dependency, guardianship, paternity, termination ofparental rights and protection from domestic violence, in which the issue mayappear.

3. The term does not include a proceeding involvingjuvenile delinquency, contractual emancipation or enforcement pursuant to NRS 125A.405 to 125A.585, inclusive.

(Added to NRS by 2003, 991)

NRS 125A.065 Commencementdefined. Commencement means the filing ofthe first pleading in a proceeding.

(Added to NRS by 2003, 991)

NRS 125A.075 Courtdefined. Court means an entity authorized pursuantto the law of a state to establish, enforce or modify a child custody determination.

(Added to NRS by 2003, 991)

NRS 125A.085 Homestate defined. Home state means:

1. The state in which a child lived with a parent or aperson acting as a parent for at least 6 consecutive months, including anytemporary absence from the state, immediately before the commencement of achild 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 absencefrom the state, with a parent or a person acting as a parent.

(Added to NRS by 2003, 991)

NRS 125A.095 Initialdetermination defined. Initialdetermination means the first child custody determination concerning aparticular child.

(Added to NRS by 2003, 991)

NRS 125A.105 Issuingcourt defined. Issuing court means thecourt that makes a child custody determination for which enforcement is soughtpursuant to the provisions of this chapter.

(Added to NRS by 2003, 991)

NRS 125A.115 Modificationdefined. Modification means a child custodydetermination that changes, replaces, supersedes or is otherwise made after aprevious determination concerning the same child, whether or not it is made bythe court that made the previous determination.

(Added to NRS by 2003, 991)

NRS 125A.125 Persondefined. Person means any of the following:

1. A natural person.

2. Any form of business or commercial entity and anyother nongovernmental legal entity, including, without limitation, acorporation, partnership, limited-liability company, association, jointventure, business trust, estate, trust or unincorporated organization.

3. A government, a political subdivision of agovernment, or an agency or instrumentality of a government or a politicalsubdivision of a government.

(Added to NRS by 2003, 991)

NRS 125A.135 Personacting as a parent defined. Person acting asa parent means a person, other than a parent, who:

1. Has physical custody of the child or has hadphysical custody of the child for a period of 6 consecutive months, includingany temporary absence, within 1 year immediately before the commencement of achild custody proceeding; and

2. Has been awarded legal custody by a court or claimsa right to legal custody pursuant to the law of this state.

(Added to NRS by 2003, 991)

NRS 125A.145 Physicalcustody defined. Physical custody means thephysical care and supervision of a child.

(Added to NRS by 2003, 992)

NRS 125A.155 Statedefined. State means a state of the UnitedStates, the District of Columbia, Puerto Rico, the United States VirginIslands, or any territory or insular possession subject to the jurisdiction ofthe United States.

(Added to NRS by 2003, 992)

NRS 125A.165 Tribedefined. Tribe means an Indian tribe or bandor Alaskan native village which is recognized by federal law or formallyacknowledged by a state.

(Added to NRS by 2003, 992)

NRS 125A.175 Warrantdefined. Warrant means an order issued by acourt authorizing law enforcement officers to take physical custody of a child.

(Added to NRS by 2003, 992)

Applicability and Procedure

NRS 125A.205 Proceedingsgoverned by other law. The provisions of thischapter do not govern an adoption proceeding or a proceeding pertaining to theauthorization of emergency medical care for a child.

(Added to NRS by 2003, 992)

NRS 125A.215 Applicationto Indian tribes.

1. A child custody proceeding that pertains to anIndian 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 extentthat the proceeding is governed by the Indian Child Welfare Act.

2. A court of this state shall treat a tribe as if itwere 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 underfactual circumstances in substantial conformity with the jurisdictionalstandards of the provisions of this chapter must be recognized and enforcedpursuant to NRS 125A.405 to 125A.585, inclusive.

(Added to NRS by 2003, 992)

NRS 125A.225 Internationalapplication.

1. A court of this state shall treat a foreign countryas 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, achild custody determination made in a foreign country under factualcircumstances in substantial conformity with the jurisdictional standards ofthe 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 thechild custody laws of the foreign country where the child custody determinationwas made violate fundamental principles of human rights.

(Added to NRS by 2003, 992)

NRS 125A.235 Effectof child custody determination. A childcustody determination made by a court of this state that had jurisdictionpursuant to the provisions of this chapter binds all persons who have been servedin accordance with the laws of this state or notified in accordance with NRS 125A.255 or who have submitted to thejurisdiction 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 issuesof law and fact except to the extent the determination is modified.

(Added to NRS by 2003, 992)

NRS 125A.245 Priority. If a question of existence or exercise of jurisdictionpursuant to the provisions of this chapter is raised in a child custodyproceeding, the question, upon request of a party, must be given priority onthe calendar and handled expeditiously.

(Added to NRS by 2003, 992)

NRS 125A.255 Noticeto persons outside State.

1. Notice required for the exercise of jurisdictionwhen a person is outside this State may be given in a manner prescribed by thelaw of this State for service of process or by the law of the state in whichthe service is made. Notice must be given in a manner reasonably calculated togive actual notice but may be by publication if other means are not effective.

2. Proof of service may be made in the mannerprescribed by the law of this State or by the law of the state in which theservice is made.

3. Notice is not required for the exercise ofjurisdiction with respect to a person who submits to the jurisdiction of thecourt.

(Added to NRS by 2003, 992)

NRS 125A.265 Appearanceand limited immunity.

1. A party to a child custody proceeding, including amodification proceeding, or a petitioner or respondent in a proceeding toenforce or register a child custody determination, is not subject to personaljurisdiction in this state for another proceeding or purpose solely by reasonof having participated, or of having been physically present for the purpose ofparticipating, in the proceeding.

2. A person who is subject to personal jurisdiction inthis state on a basis other than physical presence is not immune from serviceof process in this state. A party present in this state who is subject to thejurisdiction of another state is not immune from service of process allowablepursuant to the laws of that state.

3. The immunity granted pursuant to subsection 1 doesnot extend to civil litigation based on acts unrelated to the participation ina proceeding conducted pursuant to the provisions of this chapter committed bya natural person while present in this state.

(Added to NRS by 2003, 993)

NRS 125A.275 Communicationbetween courts.

1. A court of this state may communicate with a courtin another state concerning a proceeding arising pursuant to the provisions ofthis chapter.

2. The court may allow the parties to participate inthe communication. If the parties are not able to participate in thecommunication, the parties must be given the opportunity to present facts andlegal arguments before a decision on jurisdiction is made.

3. Communication between courts concerning schedules,calendars, court records and similar matters may occur without informing theparties. A record need not be made of the communication.

4. Except as otherwise provided in subsection 3, arecord must be made of a communication pursuant to this section. The partiesmust be informed promptly of the communication and granted access to therecord.

5. For the purposes of this section, record meansinformation that is inscribed on a tangible medium or that is stored in anelectronic or other medium and is retrievable in perceivable form.

(Added to NRS by 2003, 993)

NRS 125A.285 Takingtestimony in another state.

1. In addition to other procedures available to aparty, a party to a child custody proceeding may offer testimony of witnesseswho are located in another state, including testimony of the parties and thechild, by deposition or other means allowable in this state for testimony takenin another state. The court on its own motion may order that the testimony of aperson be taken in another state and may prescribe the manner in which and theterms upon which the testimony is taken.

2. A court of this state:

(a) May permit a natural person residing in anotherstate to be deposed or to testify by telephone, audiovisual means or otherelectronic means before a designated court or at another location in thatstate; and

(b) Shall cooperate with courts of other states indesignating an appropriate location for the deposition or testimony.

3. Documentary evidence transmitted from another stateto a court of this state by technological means that do not produce an originalwriting may not be excluded from evidence on an objection based on the means oftransmission.

(Added to NRS by 2003, 993)

NRS 125A.295 Cooperationbetween courts; preservation of records.

1. A court of this State may request the appropriatecourt of another state to:

(a) Hold an evidentiary hearing;

(b) Order a person to produce or give evidence pursuantto procedures of that state;

(d) Forward to the court of this State a certified copyof the transcript of the record of the hearing, the evidence otherwisepresented and any evaluation prepared in compliance with the request; and

(e) Order a party to a child custody proceeding or anyperson having physical custody of the child to appear in the proceeding with orwithout the child.

2. Upon request of a court of another state, a courtof this State may hold a hearing or enter an order described in subsection 1.

3. Travel and other necessary and reasonable expensesincurred pursuant to subsections 1 and 2 may be assessed against the partiesaccording 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 recordswith respect to a child custody proceeding until the child attains 18 years ofage. Upon appropriate request by a court or law enforcement officer of anotherstate, the court shall forward a certified copy of those records.

(Added to NRS by 2003, 994)

ARTICLE 2JURISDICTION

NRS 125A.305 Initialchild custody jurisdiction.

1. Except as otherwise provided in NRS 125A.335, a court of this State hasjurisdiction to make an initial child custody determination only if:

(a) This State is the home state of the child on thedate of the commencement of the proceeding or was the home state of the childwithin 6 months before the commencement of the proceeding and the child isabsent from this State but a parent or person acting as a parent continues tolive in this State;

(b) A court of another state does not have jurisdictionpursuant to paragraph (a) or a court of the home state of the child hasdeclined to exercise jurisdiction on the ground that this State is the moreappropriate forum pursuant to NRS 125A.365or 125A.375 and:

(1) The child and the childs parents, or thechild and at least one parent or a person acting as a parent, have asignificant connection with this State other than mere physical presence; and

(2) Substantial evidence is available in thisState concerning the childs care, protection, training and personalrelationships;

(c) All courts having jurisdiction pursuant toparagraph (a) or (b) have declined to exercise jurisdiction on the ground thata court of this State is the more appropriate forum to determine the custody ofthe child pursuant to NRS 125A.365 or 125A.375; or

(d) No court of any other state would have jurisdictionpursuant to the criteria specified in paragraph (a), (b) or (c).

2. Subsection 1 is the exclusive jurisdictional basisfor making a child custody determination by a court of this State.

3. Physical presence of, or personal jurisdictionover, a party or a child is not necessary or sufficient to make a child custodydetermination.

(Added to NRS by 2003, 994)

NRS 125A.315 Exclusive,continuing jurisdiction.

1. Except as otherwise provided in NRS 125A.335, a court of this state whichhas made a child custody determination consistent with NRS 125A.305 or 125A.325 has exclusive, continuingjurisdiction over the determination until:

(a) A court of this state determines that the child,the childs parents and any person acting as a parent do not have a significantconnection with this state and that substantial evidence is no longer availablein this state concerning the childs care, protection, training and personalrelationships; or

(b) A court of this state or a court of another statedetermines that the child, the childs parents and any person acting as aparent do not presently reside in this state.

2. A court of this state which has made a childcustody determination and does not have exclusive, continuing jurisdictionpursuant to this section may modify that determination only if it hasjurisdiction to make an initial determination pursuant to NRS 125A.305.

(Added to NRS by 2003, 994)

NRS 125A.325 Jurisdictionto modify determination. Except as otherwiseprovided in NRS 125A.335, a court ofthis state may not modify a child custody determination made by a court of anotherstate unless a court of this state has jurisdiction to make an initialdetermination pursuant to paragraph (a) or (b) of subsection 1 of NRS 125A.305 and:

1. The court of the other state determines it nolonger has exclusive, continuing jurisdiction pursuant to NRS 125A.315 or that a court of thisstate would be a more convenient forum pursuant to NRS 125A.365; or

2. A court of this state or a court of the other statedetermines that the child, the childs parents and any person acting as aparent do not presently reside in the other state.

(Added to NRS by 2003, 995)

NRS 125A.335 Temporaryemergency jurisdiction.

1. A court of this state has temporary emergencyjurisdiction if the child is present in this state and the child has beenabandoned or it is necessary in an emergency to protect the child because thechild, or a sibling or parent of the child, is subjected to or threatened withmistreatment or abuse.

2. If there is no previous child custody determinationthat is entitled to be enforced pursuant to the provisions of this chapter anda child custody proceeding has not been commenced in a court of a state havingjurisdiction pursuant to NRS 125A.305,125A.315 and 125A.325, a child custody determinationmade pursuant to this section remains in effect until an order is obtained froma court of a state having jurisdiction pursuant to NRS 125A.305, 125A.315 and 125A.325. If a child custody proceedinghas not been or is not commenced in a court of a state having jurisdictionpursuant to NRS 125A.305, 125A.315 and 125A.325, a child custody determinationmade 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 determinationthat is entitled to be enforced pursuant to the provisions of this chapter, ora child custody proceeding has been commenced in a court of a state havingjurisdiction pursuant to NRS 125A.305,125A.315 and 125A.325, any order issued by a court ofthis state pursuant to this section must specify in the order a period that thecourt considers adequate to allow the person seeking an order to obtain anorder from the state having jurisdiction pursuant to NRS 125A.305, 125A.315 and 125A.325. The order issued in this stateremains in effect until an order is obtained from the other state within theperiod specified or the period expires.

4. A court of this state which has been asked to makea child custody determination pursuant to this section, upon being informedthat a child custody proceeding has been commenced in, or a child custodydetermination has been made by, a court of a state having jurisdiction pursuantto NRS 125A.305, 125A.315 and 125A.325, shall immediately communicatewith the other court. A court of this state which is exercising jurisdictionpursuant to NRS 125A.305, 125A.315 and 125A.325, upon being informed that achild custody proceeding has been commenced in, or a child custodydetermination has been made by, a court of another state pursuant to a statutesimilar to this section shall immediately communicate with the court of thatstate to resolve the emergency, protect the safety of the parties and thechild, and determine a period for the duration of the temporary order.

(Added to NRS by 2003, 995)

NRS 125A.345 Notice;opportunity to be heard; joinder.

1. Before a child custody determination is madepursuant to the provisions of this chapter, notice and an opportunity to beheard in accordance with the standards of NRS125A.255 must be given to all persons entitled to notice pursuant to thelaw of this state as in child custody proceedings between residents of thisstate, any parent whose parental rights have not been previously terminated andany person having physical custody of the child.

2. The provisions of this chapter do not govern theenforceability of a child custody determination made without notice or anopportunity to be heard.

3. The obligation to join a party and the right tointervene as a party in a child custody proceeding conducted pursuant to theprovisions of this chapter are governed by the law of this state as in childcustody proceedings between residents of this state.

(Added to NRS by 2003, 996)

NRS 125A.355 Simultaneousproceedings.

1. Except as otherwise provided in NRS 125A.335, a court of this state maynot exercise its jurisdiction pursuant to NRS125A.305 to 125A.395, inclusive,if, at the time of the commencement of the proceeding, a proceeding concerningthe custody of the child has been commenced in a court of another state havingjurisdiction substantially in conformity with the provisions of this chapter,unless the proceeding has been terminated or is stayed by the court of theother state because a court of this state is a more convenient forum pursuantto 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 documentsand other information supplied by the parties pursuant to NRS 125A.385. If the court determinesthat a child custody proceeding has been commenced in a court in another statehaving jurisdiction substantially in accordance with the provisions of this chapter,the court of this state shall stay its proceeding and communicate with thecourt of the other state. If the court of the state having jurisdictionsubstantially in accordance with the provisions of this chapter does notdetermine that the court of this state is a more appropriate forum, the courtof this state shall dismiss the proceeding.

3. In a proceeding to modify a child custodydetermination, a court of this state shall determine whether a proceeding toenforce the determination has been commenced in another state. If a proceedingto enforce a child custody determination has been commenced in another state,the court may:

(a) Stay the proceeding for modification pending theentry of an order of a court of the other state enforcing, staying, denying ordismissing the proceeding for enforcement;

(b) Enjoin the parties from continuing with theproceeding for enforcement; or

(Added to NRS by 2003, 996)

NRS 125A.365 Inconvenientforum.

1. A court of this state which has jurisdictionpursuant to the provisions of this chapter to make a child custodydetermination may decline to exercise its jurisdiction at any time if itdetermines that it is an inconvenient forum under the circumstances and that acourt of another state is a more appropriate forum. The issue of inconvenientforum may be raised upon motion of a party, the courts own motion or requestof another court.

2. Before determining whether it is an inconvenientforum, a court of this state shall consider whether it is appropriate for acourt of another state to exercise jurisdiction. For this purpose, the courtshall allow the parties to submit information and shall consider all relevantfactors, including:

(a) Whether domestic violence has occurred and islikely to continue in the future and which state could best protect the partiesand the child;

(b) The length of time the child has resided outsidethis state;

(d) The relative financial circumstances of theparties;

(e) Any agreement of the parties as to which stateshould assume jurisdiction;

(f) The nature and location of the evidence required toresolve the pending litigation, including testimony of the child;

(g) The ability of the court of each state to decidethe issue expeditiously and the procedures necessary to present the evidence;and

(h) The familiarity of the court of each state with thefacts and issues in the pending litigation.

3. If a court of this state determines that it is aninconvenient forum and that a court of another state is a more appropriateforum, it shall stay the proceedings upon condition that a child custodyproceeding be promptly commenced in another designated state and may impose anyother condition the court considers just and proper.

4. A court of this state may decline to exercise itsjurisdiction pursuant to the provisions of this chapter if a child custodydetermination is incidental to an action for divorce or another proceedingwhile still retaining jurisdiction over the divorce or other proceeding.

(Added to NRS by 2003, 997)

NRS 125A.375 Jurisdictiondeclined by reason of conduct.

1. Except as otherwise provided in NRS 125A.335 or by other state law, if acourt of this state has jurisdiction pursuant to the provisions of this chapterbecause a person seeking to invoke its jurisdiction has engaged inunjustifiable conduct, the court shall decline to exercise its jurisdictionunless:

(a) The parents and all persons acting as parents haveacquiesced in the exercise of jurisdiction;

(b) A court of the state otherwise having jurisdictionpursuant to NRS 125A.305, 125A.315 and 125A.325 determines that this state is amore appropriate forum pursuant to NRS125A.365; or

(c) No court of any other state would have jurisdictionpursuant to the criteria specified in NRS125A.305, 125A.315 and 125A.325.

2. If a court of this state declines to exercise itsjurisdiction pursuant to subsection 1, it may fashion an appropriate remedy toensure the safety of the child and prevent a repetition of the unjustifiableconduct, including staying the proceeding until a child custody proceeding iscommenced in a court having jurisdiction pursuant to NRS 125A.305, 125A.315 and 125A.325.

3. If a court dismisses a petition or stays aproceeding because it declines to exercise its jurisdiction pursuant tosubsection 1, it shall assess against the party seeking to invoke itsjurisdiction necessary and reasonable expenses including costs, communicationexpenses, attorneys fees, investigative fees, expenses for witnesses, travelexpenses and child care during the course of the proceedings, unless the partyfrom whom fees are sought establishes that the assessment would be clearlyinappropriate. The court may not assess fees, costs or expenses against thisstate unless authorized by law other than the provisions of this chapter.

(Added to NRS by 2003, 997)

NRS 125A.385 Informationto be submitted to court.

1. Except as otherwise provided by state law, in achild custody proceeding, each party, in its first pleading or in an attachedaffidavit, shall give information, if reasonably ascertainable, under oath asto the childs present address or whereabouts, the places where the child haslived during the last 5 years, and the names and present addresses of thepersons with whom the child has lived during that period. The pleading oraffidavit must state whether the party:

(a) Has participated, as a party or witness or in anyother capacity, in any other proceeding concerning the custody of or visitationwith the child and, if so, identify the court, the case number and the date ofthe child custody determination, if any;

(b) Knows of any proceeding that could affect thecurrent proceeding, including proceedings for enforcement and proceedingsrelating to domestic violence, protective orders, termination of parentalrights and adoptions and, if so, identify the court, the case number and thenature of the proceeding; and

(c) Knows the names and addresses of any person not aparty to the proceeding who has physical custody of the child or claims rightsof legal custody or physical custody of, or visitation with, the child and, ifso, the names and addresses of those persons.

2. If the information required by subsection 1 is notfurnished, the court, upon motion of a party or its own motion, may stay theproceeding until the information is furnished.

3. If the declaration as to any of the items describedin paragraphs (a), (b) and (c) of subsection 1 is in the affirmative, thedeclarant shall give additional information under oath as required by thecourt. The court may examine the parties under oath as to details of theinformation furnished and other matters pertinent to the courts jurisdictionand the disposition of the case.

4. Each party has a continuing duty to inform thecourt of any proceeding in this or any other state that could affect thecurrent proceeding.

5. If a party alleges in an affidavit or a pleading underoath that the health, safety or liberty of a party or child would bejeopardized by disclosure of identifying information, the information must besealed and may not be disclosed to the other party or the public unless thecourt orders the disclosure to be made after a hearing in which the court takesinto consideration the health, safety or liberty of the party or child anddetermines that the disclosure is in the interest of justice.

(Added to NRS by 2003, 998)

NRS 125A.395 Appearanceof parties and child.

1. In a child custody proceeding in this state, thecourt may order a party to the proceeding who is in this state to appear beforethe court in person with or without the child. The court may order any personwho is in this state and who has physical custody or control of the child toappear in person with the child.

2. If a party to a child custody proceeding whosepresence is desired by the court is outside this state, the court may orderthat a notice given pursuant to NRS125A.255 include a statement directing the party to appear in person withor without the child and informing the party that failure to appear may resultin a decision adverse to the party.

3. The court may enter any orders necessary to ensurethe safety of the child and of any person ordered to appear pursuant to thissection.

4. If a party to a child custody proceeding who isoutside this state is directed to appear pursuant to subsection 2 or desires toappear personally before the court with or without the child, the court mayrequire another party to pay reasonable and necessary travel and other expensesof the party so appearing and of the child.

(Added to NRS by 2003, 999)

ARTICLE 3ENFORCEMENT

NRS 125A.405 Definitions. As used in NRS125A.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 tothem in those sections.

(Added to NRS by 2003, 999)

NRS 125A.415 Petitionerdefined. Petitioner means a person who seeksenforcement of an order for return of a child pursuant to the Hague Conventionon the Civil Aspects of International Child Abduction or enforcement of a childcustody determination.

(Added to NRS by 2003, 999)

NRS 125A.425 Respondentdefined. Respondent means a person againstwhom a proceeding has been commenced for enforcement of an order for return ofa child pursuant to the Hague Convention on the Civil Aspects of InternationalChild Abduction or enforcement of a child custody determination.

(Added to NRS by 2003, 999)

NRS 125A.435 Enforcementunder Hague Convention. Pursuant to NRS 125A.405 to 125A.585, inclusive, a court of thisstate may enforce an order for the return of a child made pursuant to the HagueConvention on the Civil Aspects of International Child Abduction as if it werea child custody determination.

(Added to NRS by 2003, 999)

NRS 125A.445 Dutyto enforce.

1. A court of this state shall recognize and enforce achild custody determination of a court of another state if the latter courtexercised jurisdiction in substantial conformity with the provisions of thischapter or the determination was made under factual circumstances meeting thejurisdictional standards of the provisions of this chapter and thedetermination has not been modified in accordance with the provisions of thischapter.

2. A court of this state may utilize any remedyavailable pursuant to other law of this state to enforce a child custodydetermination made by a court of another state. The remedies provided pursuantto NRS 125A.405 to 125A.585, inclusive, are cumulative anddo not affect the availability of other remedies to enforce a child custodydetermination.

(Added to NRS by 2003, 999)

NRS 125A.455 Temporaryvisitation.

1. A court of this state which does not havejurisdiction to modify a child custody determination may issue a temporaryorder enforcing:

(a) A visitation schedule made by a court of anotherstate; or

(b) The visitation provisions of a child custodydetermination of another state that does not provide for a specific visitationschedule.

2. If a court of this state makes an order pursuant toparagraph (b) of subsection 1, it shall specify in the order a period that itconsiders adequate to allow the petitioner to obtain an order from a courthaving jurisdiction pursuant to the criteria specified in NRS 125A.305 to 125A.395, inclusive. The order remains ineffect until an order is obtained from the other court or the period expires.

(Added to NRS by 2003, 999)

NRS 125A.465 Registrationof child custody determination.

1. A child custody determination issued by a court ofanother state may be registered in this state, with or without a simultaneousrequest for enforcement, by sending to a court of this state which is competentto hear custody matters:

(a) A letter or other document requesting registration;

(b) Two copies, including one certified copy, of thedetermination sought to be registered, and a statement under penalty of perjurythat to the best of the knowledge and belief of the person seeking registrationthe order has not been modified; and

(c) Except as otherwise provided in NRS 125A.385, the name and address of theperson seeking registration and any parent or person acting as a parent who hasbeen awarded custody or visitation in the child custody determination sought tobe registered.

2. On receipt of the documents required by subsection1, the registering court shall:

(a) Cause the determination to be filed as a foreignjudgment, together with one copy of any accompanying documents and information,regardless of their form; and

(b) Serve notice upon the persons named pursuant toparagraph (c) of subsection 1 and provide them with an opportunity to contestthe registration in accordance with this section.

3. The notice required by paragraph (b) of subsection2 must state that:

(a) A registered determination is enforceable as of thedate of the registration in the same manner as a determination issued by acourt of this state;

(b) A hearing to contest the validity of the registereddetermination must be requested within 20 days after service of notice; and

(c) Failure to contest the registration will result inconfirmation of the child custody determination and preclude further contest ofthat determination with respect to any matter that could have been asserted.

4. A person seeking to contest the validity of aregistered order must request a hearing within 20 days after service of thenotice. At that hearing, the court shall confirm the registered order unlessthe person contesting registration establishes that:

(a) The issuing court did not have jurisdictionpursuant to NRS 125A.305 to 125A.395, inclusive;

(b) The child custody determination sought to beregistered has been vacated, stayed or modified by a court having jurisdictionto do so pursuant to NRS 125A.305 to 125A.395, inclusive; or

(c) The person contesting registration was entitled tonotice, but notice was not given in accordance with the standards of NRS 125A.255, in the proceedings beforethe court that issued the order for which registration is sought.

5. If a timely request for a hearing to contest thevalidity of the registration is not made, the registration is confirmed as amatter of law and the person requesting registration and all persons servedmust be notified of the confirmation.

6. Confirmation of a registered order, whether byoperation of law or after notice and hearing, precludes further contest of theorder with respect to any matter that could have been asserted at the time ofregistration.

7. The provisions of this section do not apply to anorder for protection against domestic violence issued by the court of anotherstate, territory or Indian tribe within the United States which is registeredpursuant to NRS 33.090.

(Added to NRS by 2003, 1000)

NRS 125A.475 Enforcementof registered determination.

1. A court of this state may grant any relief normallyavailable pursuant to the law of this state to enforce a registered childcustody 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 childcustody determination of a court of another state.

(Added to NRS by 2003, 1001)

NRS 125A.485 Simultaneousproceedings.

1. If a proceeding for enforcement pursuant to theprovisions of NRS 125A.405 to 125A.585, inclusive, is commenced in acourt of this state and the court determines that a proceeding to modify thedetermination is pending in a court of another state having jurisdiction tomodify the determination pursuant to NRS125A.305 to 125A.395, inclusive,the enforcing court shall immediately communicate with the modifying court.

2. The proceeding for enforcement continues unless theenforcing court, after consultation with the modifying court, stays ordismisses the proceeding.

(Added to NRS by 2003, 1001)

NRS 125A.495 Expeditedenforcement of child custody determination.

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 orderconfirming registration must be attached to the petition. A copy of a certifiedcopy of an order may be attached instead of the original.

2. A petition for enforcement of a child custodydetermination must state:

(a) Whether the court that issued the determinationidentified the jurisdictional basis it relied upon in exercising jurisdictionand, if so, what the basis was;

(b) Whether the determination for which enforcement issought has been vacated, stayed or modified by a court whose decision must beenforced pursuant to the provisions of this chapter and, if so, identify thecourt, the case number and the nature of the proceeding;

(c) Whether any proceeding has been commenced thatcould affect the current proceeding, including proceedings relating to domesticviolence, 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 therespondent, if known;

(e) Whether relief in addition to the immediatephysical custody of the child and attorneys fees is sought, including arequest for assistance from law enforcement officers and, if so, the reliefsought; and

(f) If the child custody determination has beenregistered and confirmed pursuant to NRS125A.465, the date and place of registration.

3. Upon the filing of a petition, the court shallissue an order directing the respondent to appear in person with or without thechild at a hearing and may enter any order necessary to ensure the safety ofthe parties and the child. The hearing must be held on the next judicial dayafter service of the order unless that date is impossible. If that date isimpossible, the court shall hold the hearing on the first judicial daypossible. The court may extend the date of the hearing at the request of thepetitioner.

4. An order issued pursuant to subsection 3 must statethe time and place of the hearing and advise the respondent that at the hearingthe court will order that the petitioner may take immediate physical custody ofthe child and the payment of fees, costs and expenses pursuant to NRS 125A.535, and may schedule a hearingto determine whether further relief is appropriate, unless the respondentappears and establishes that:

(a) The child custody determination has not beenregistered and confirmed pursuant to NRS125A.465 and that:

(1) The issuing court did not have jurisdictionpursuant to NRS 125A.305 to 125A.395, inclusive;

(2) The child custody determination for whichenforcement is sought has been vacated, stayed or modified by a court havingjurisdiction to do so pursuant to NRS125A.305 to 125A.395, inclusive;or

(3) The respondent was entitled to notice, butnotice was not given in accordance with the standards of NRS 125A.255, in the proceedings beforethe court that issued the order for which enforcement is sought; or

(b) The child custody determination for whichenforcement 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 pursuantto NRS 125A.305 to 125A.395, inclusive.

(Added to NRS by 2003, 1001)

NRS 125A.505 Serviceof petition and order. Except as otherwiseprovided in NRS 125A.525, the petitionand order must be served, by any method authorized by state law, uponrespondent and any person who has physical custody of the child.

(Added to NRS by 2003, 1002)

NRS 125A.515 Hearingand order.

1. Unless the court issues a temporary emergency orderpursuant to NRS 125A.335, upon afinding that a petitioner is entitled to immediate physical custody of thechild, the court shall order that the petitioner may take immediate physicalcustody of the child unless the respondent establishes that:

(a) The child custody determination has not beenregistered and confirmed pursuant to NRS125A.465 and that:

(1) The issuing court did not have jurisdictionpursuant to NRS 125A.305 to 125A.395, inclusive;

(2) The child custody determination for whichenforcement is sought has been vacated, stayed or modified by a court of astate having jurisdiction to do so pursuant to NRS 125A.305 to 125A.395, inclusive; or

2. The court shall award the fees, costs and expensesauthorized pursuant to NRS 125A.535and may grant additional relief, including a request for the assistance of lawenforcement officers, and set a further hearing to determine whether additionalrelief is appropriate.

3. If a party called to testify refuses to answer onthe ground that the testimony may be self-incriminating, the court may draw anadverse inference from the refusal.

4. A privilege against disclosure of communicationsbetween spouses and a defense of immunity based on the relationship of husbandand wife or parent and child may not be invoked in a proceeding conductedpursuant to NRS 125A.405 to 125A.585, inclusive.

(Added to NRS by 2003, 1002)

NRS 125A.525 Warrantto take physical custody of child.

1. Upon the filing of a petition seeking enforcementof a child custody determination, the petitioner may file a verifiedapplication for the issuance of a warrant to take physical custody of the childif the child is immediately likely to suffer serious physical harm or to beremoved from this state.

2. If the court, upon the testimony of the petitioneror other witness, finds that the child is immediately likely to suffer seriousphysical harm or to be removed from this state, it may issue a warrant to takephysical custody of the child. The petition must be heard on the next judicialday after the warrant is executed unless that date is impossible. If that dateis impossible, the court shall hold the hearing on the first judicial daypossible. The application for the warrant must include the statements requiredby 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 thechild is immediately likely to suffer serious physical harm or to be removedfrom this state is based;

(b) Direct law enforcement officers to take physicalcustody of the child immediately; and

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 isenforceable throughout this state. If the court finds on the basis of thetestimony of the petitioner or other witness that a less intrusive remedy isnot effective, it may authorize law enforcement officers to enter privateproperty to take physical custody of the child. If required by exigentcircumstances of the case, the court may authorize law enforcement officers tomake a forcible entry at any hour.

6. The court may impose conditions upon placement of achild to ensure the appearance of the child and the childs custodian.

(Added to NRS by 2003, 1003)

NRS 125A.535 Costs,fees and expenses.

1. The court shall award the prevailing party,including a state, necessary and reasonable expenses incurred by or on behalfof the party, including costs, communication expenses, attorneys fees,investigative fees, expenses for witnesses, travel expenses and child careduring the course of the proceedings, unless the party from whom fees orexpenses are sought establishes that the award would be clearly inappropriate.

2. The court may not assess fees, costs or expensesagainst a state unless authorized by law other than the provisions of thischapter.

(Added to NRS by 2003, 1003)

NRS 125A.545 Recognitionand enforcement. A court of this state shallaccord full faith and credit to an order issued by another state and consistentwith the provisions of this chapter which enforces a child custody determinationby a court of another state unless the order has been vacated, stayed ormodified by a court having jurisdiction to do so pursuant to NRS 125A.305 to 125A.395, inclusive.

(Added to NRS by 2003, 1004)

NRS 125A.555 Appeals.

1. An appeal may be taken from a final order in a proceedingconducted pursuant to the provisions of NRS125A.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 ofAppellate Procedure, the Supreme Court shall expedite an appeal broughtpursuant to this section.

3. Unless the court enters a temporary emergency orderpursuant to NRS 125A.335, theenforcing court may not stay an order enforcing a child custody determinationpending appeal.

(Added to NRS by 2003, 1004)

NRS 125A.565 Roleof district attorney and Attorney General.

1. In a case arising pursuant to the provisions ofthis chapter or involving the Hague Convention on the Civil Aspects ofInternational Child Abduction, a district attorney or the Attorney General maytake any lawful action, including resort to a proceeding brought pursuant to NRS 125A.405 to 125A.585, inclusive, or any otheravailable civil proceeding to locate a child, obtain the return of a child orenforce 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 childcustody proceeding;

(d) A reasonable belief that the child has beenwrongfully removed or retained in violation of the Hague Convention on theCivil Aspects of International Child Abduction.

2. A district attorney or the Attorney General actingpursuant to this section acts on behalf of the court and may not represent anyparty.

(Added to NRS by 2003, 1004)

NRS 125A.575 Roleof law enforcement officers. At the request ofa district attorney or the Attorney General acting pursuant to NRS 125A.565, a law enforcement officermay take any lawful action reasonably necessary to locate a child or a partyand assist the district attorney or the Attorney General with responsibilitiespursuant to NRS 125A.565.

(Added to NRS by 2003, 1004)

NRS 125A.585 Costsand expenses. If the respondent is not theprevailing party, the court may assess against the respondent all direct expensesand costs incurred by a district attorney or the Attorney General and lawenforcement officers pursuant to NRS125A.565 or 125A.575.

(Added to NRS by 2003, 1004)

ARTICLE 4MISCELLANEOUS PROVISIONS

NRS 125A.605 Applicationand construction. In applying and construingthe Uniform Child Custody Jurisdiction and Enforcement Act, consideration mustbe given to the need to promote uniformity of the law with respect to itssubject matter among states that enact it.

(Added to NRS by 2003, 1004)

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