Senate Bill No. 48–Senator Care

 

Prefiled January 30, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Adopts revision of Uniform Child Custody Jurisdiction and Enforcement Act. (BDR 11‑382)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

1-1  Section 1.  Chapter 125A of NRS is hereby amended by

1-2  adding thereto the provisions set forth as sections 2 to 59, inclusive,

1-3  of this act.

1-4  Sec. 2.  This chapter may be cited as the Uniform Child

1-5  Custody Jurisdiction and Enforcement Act.

1-6  Sec. 3. As used in this chapter, unless the context otherwise

1-7  requires, the words and terms defined in sections 4 to 19,

1-8  inclusive, of this act have the meanings ascribed to them in those

1-9  sections.

1-10      Sec. 4. “Abandoned” means left without provision for

1-11  reasonable and necessary care or supervision.

1-12      Sec. 5. “Child” means a person who has not attained 18

1-13  years of age.

1-14      Sec. 6. 1.  “Child custody determination” means a

1-15  judgment, decree or other order of a court which provides for the

1-16  legal custody, physical custody or visitation with respect to a child.

2-1  2.  The term includes a permanent, temporary, initial and

2-2  modification order.

2-3  3.  The term does not include an order relating to child

2-4  support or other monetary obligation of a natural person.

2-5  Sec. 7. 1.  “Child custody proceeding” means a proceeding

2-6  in which legal custody, physical custody or visitation with respect

2-7  to a child is an issue.

2-8  2.  The term includes a proceeding for divorce, separation,

2-9  neglect, abuse, dependency, guardianship, paternity, termination

2-10  of parental rights and protection from domestic violence, in which

2-11  the issue may appear.

2-12      3.  The term does not include a proceeding involving juvenile

2-13  delinquency, contractual emancipation or enforcement pursuant

2-14  to sections 40 to 58, inclusive, of this act.

2-15      Sec. 8. “Commencement” means the filing of the first

2-16  pleading in a proceeding.

2-17      Sec. 9. “Court” means an entity authorized pursuant to the

2-18  law of a state to establish, enforce or modify a child custody

2-19  determination.

2-20      Sec. 10. “Home state” means:

2-21      1.  The state in which a child lived with a parent or a person

2-22  acting as a parent for at least six consecutive months, including

2-23  any temporary absence from the state, immediately before the

2-24  commencement of a child custody proceeding.

2-25      2.  In the case of a child less than six months of age, the state

2-26  in which the child lived from birth, including any temporary

2-27  absence from the state, with a parent or a person acting as a

2-28  parent.

2-29      Sec. 11. “Initial determination” means the first child custody

2-30  determination concerning a particular child.

2-31      Sec. 12. “Issuing court” means the court that makes a child

2-32  custody determination for which enforcement is sought pursuant

2-33  to the provisions of this chapter.

2-34      Sec. 13. “Modification” means a child custody determination

2-35  that changes, replaces, supersedes or is otherwise made after a

2-36  previous determination concerning the same child, whether or not

2-37  it is made by the court that made the previous determination.

2-38      Sec. 14. “Person” means any of the following:

2-39      1.  A natural person.

2-40      2.  Any form of business or commercial entity and any other

2-41  nongovernmental legal entity, including, without limitation, a

2-42  corporation, partnership, limited liability company, association,

2-43  joint venture, business trust, estate, trust or unincorporated

2-44  organization.

3-1  3.  A government, a political subdivision of a government or

3-2  an agency or instrumentality of a government or a political

3-3  subdivision of a government.

3-4  Sec. 15. “Person acting as a parent” means a person, other

3-5  than a parent, who:

3-6  1.  Has physical custody of the child or has had physical

3-7  custody of the child for a period of six consecutive months,

3-8  including any temporary absence, within one year immediately

3-9  before the commencement of a child custody proceeding; and

3-10      2.  Has been awarded legal custody by a court or claims a

3-11  right to legal custody pursuant to the law of this state.

3-12      Sec. 16. “Physical custody” means the physical care and

3-13  supervision of a child.

3-14      Sec. 17. “State” means a state of the United States, the

3-15  District of Columbia, Puerto Rico, the United States Virgin

3-16  Islands or any territory or insular possession subject to the

3-17  jurisdiction of the United States.

3-18      Sec. 18. “Tribe” means an Indian tribe or band or Alaskan

3-19  native village, which is recognized by federal law or formally

3-20  acknowledged by a state.

3-21      Sec. 19.  “Warrant” means an order issued by a court

3-22  authorizing law enforcement officers to take physical custody of a

3-23  child.

3-24      Sec. 20. The provisions of this chapter do not govern an

3-25  adoption proceeding or a proceeding pertaining to the

3-26  authorization of emergency medical care for a child.

3-27      Sec. 21. 1.  A child custody proceeding that pertains to an

3-28  Indian child as defined in the Indian Child Welfare Act of 1978,

3-29  25 U.S.C. §§ 1901 et seq., is not subject to the provisions of this

3-30  chapter to the extent that the proceeding is governed by the Indian

3-31  Child Welfare Act.

3-32      2.  A court of this state shall treat a tribe as if it were a state of

3-33  the United States for the purpose of applying sections 2 to 39,

3-34  inclusive, of this act.

3-35      3.  A child custody determination made by a tribe under

3-36  factual circumstances in substantial conformity with the

3-37  jurisdictional standards of the provisions of this chapter must be

3-38  recognized and enforced pursuant to sections 40 to 58, inclusive,

3-39  of this act.

3-40      Sec. 22. 1.  A court of this state shall treat a foreign country

3-41  as if it were a state of the United States for the purpose of applying

3-42  sections 2 to 39, inclusive, of this act.

3-43      2.  Except as otherwise provided in subsection 3, a child

3-44  custody determination made in a foreign country under factual

3-45  circumstances in substantial conformity with the jurisdictional

4-1  standards of the provisions of this chapter must be recognized and

4-2  enforced pursuant to sections 40 to 58, inclusive, of this act.

4-3  3.  A court of this state need not apply the provisions of this

4-4  chapter if the child custody law of a foreign country violates

4-5  fundamental principles of human rights.

4-6  Sec. 23. A child custody determination made by a court of

4-7  this state that had jurisdiction pursuant to the provisions of this

4-8  chapter binds all persons who have been served in accordance

4-9  with the laws of this state or notified in accordance with section 25

4-10  of this act or who have submitted to the jurisdiction of the court,

4-11  and who have been given an opportunity to be heard. As to those

4-12  persons, the determination is conclusive as to all decided issues of

4-13  law and fact except to the extent the determination is modified.

4-14      Sec. 24. If a question of existence or exercise of jurisdiction

4-15  pursuant to the provisions of this chapter is raised in a child

4-16  custody proceeding, the question, upon request of a party, must be

4-17  given priority on the calendar and handled expeditiously.

4-18      Sec. 25. 1.  Notice required for the exercise of jurisdiction

4-19  when a person is outside this state may be given in a manner

4-20  prescribed by the law of this state for service of process or by the

4-21  law of the state in which the service is made. Notice must be given

4-22  in a manner reasonably calculated to give actual notice but may

4-23  be by publication if other means are not effective.

4-24      2.  Proof of service may be made in the manner prescribed by

4-25  the law of this state or by the law of the state in which the service

4-26  is made.

4-27      3.  Notice is not required for the exercise of jurisdiction with

4-28  respect to a person who submits to the jurisdiction of the court.

4-29      Sec. 26. 1.  A party to a child custody proceeding, including

4-30  a modification proceeding, or a petitioner or respondent in a

4-31  proceeding to enforce or register a child custody determination, is

4-32  not subject to personal jurisdiction in this state for another

4-33  proceeding or purpose solely by reason of having participated, or

4-34  of having been physically present for the purpose of participating,

4-35  in the proceeding.

4-36      2.  A person who is subject to personal jurisdiction in this

4-37  state on a basis other than physical presence is not immune from

4-38  service of process in this state. A party present in this state who is

4-39  subject to the jurisdiction of another state is not immune from

4-40  service of process allowable pursuant to the laws of that state.

4-41      3.  The immunity granted pursuant to subsection 1 does not

4-42  extend to civil litigation based on acts unrelated to the

4-43  participation in a proceeding conducted pursuant to the provisions

4-44  of this chapter committed by a natural person while present in this

4-45  state.

5-1  Sec. 27. 1.  A court of this state may communicate with a

5-2  court in another state concerning a proceeding arising pursuant to

5-3  the provisions of this chapter.

5-4  2.  The court may allow the parties to participate in the

5-5  communication. If the parties are not able to participate in the

5-6  communication, the parties must be given the opportunity to

5-7  present facts and legal arguments before a decision on jurisdiction

5-8  is made.

5-9  3.  Communication between courts concerning schedules,

5-10  calendars, court records and similar matters may occur without

5-11  informing the parties. A record need not be made of the

5-12  communication.

5-13      4.  Except as otherwise provided in subsection 3, a record

5-14  must be made of a communication pursuant to this section. The

5-15  parties must be informed promptly of the communication and

5-16  granted access to the record.

5-17      5.  For the purposes of this section, “record” means

5-18  information that is inscribed on a tangible medium or that is

5-19  stored in an electronic or other medium and is retrievable in

5-20  perceivable form.

5-21      Sec. 28. 1.  In addition to other procedures available to a

5-22  party, a party to a child custody proceeding may offer testimony of

5-23  witnesses who are located in another state, including testimony of

5-24  the parties and the child, by deposition or other means allowable

5-25  in this state for testimony taken in another state. The court on its

5-26  own motion may order that the testimony of a person be taken in

5-27  another state and may prescribe the manner in which and the

5-28  terms upon which the testimony is taken.

5-29      2.  A court of this state:

5-30      (a) May permit a natural person residing in another state to be

5-31  deposed or to testify by telephone, audiovisual means or other

5-32  electronic means before a designated court or at another location

5-33  in that state; and

5-34      (b) Shall cooperate with courts of other states in designating

5-35  an appropriate location for the deposition or testimony.

5-36      3.  Documentary evidence transmitted from another state to a

5-37  court of this state by technological means that do not produce an

5-38  original writing may not be excluded from evidence on an

5-39  objection based on the means of transmission.

5-40      Sec. 29.  1.  A court of this state may request the appropriate

5-41  court of another state to:

5-42      (a) Hold an evidentiary hearing;

5-43      (b) Order a person to produce or give evidence pursuant to

5-44  procedures of that state;

6-1  (c) Order that an evaluation be made with respect to the

6-2  custody of a child involved in a pending proceeding;

6-3  (d) Forward to the court of this state a certified copy of the

6-4  transcript of the record of the hearing, the evidence otherwise

6-5  presented and any evaluation prepared in compliance with the

6-6  request; and

6-7  (e) Order a party to a child custody proceeding or any person

6-8  having physical custody of the child to appear in the proceeding

6-9  with or without the child.

6-10      2.  Upon request of a court of another state, a court of

6-11  this state may hold a hearing or enter an order described in

6-12  subsection 1.

6-13      3.  Travel and other necessary and reasonable expenses

6-14  incurred pursuant to subsections 1 and 2 may be assessed against

6-15  the parties according to the law of this state.

6-16      4.  A court of this state shall preserve the pleadings, orders,

6-17  decrees, records of hearings, evaluations and other pertinent

6-18  records with respect to a child custody proceeding until the child

6-19  attains 18 years of age. Upon appropriate request by a court or law

6-20  enforcement officer of another state, the court shall forward a

6-21  certified copy of those records.

6-22      Sec. 30. 1.  Except as otherwise provided in section 33 of

6-23  this act, a court of this state has jurisdiction to make an initial

6-24  child custody determination only if:

6-25      (a) This state is the home state of the child on the date of the

6-26  commencement of the proceeding or was the home state of

6-27  the child within six months before the commencement of the

6-28  proceeding and the child is absent from this state but a parent or

6-29  person acting as a parent continues to live in this state;

6-30      (b) A court of another state does not have jurisdiction

6-31  pursuant to paragraph (a) or a court of the home state of the child

6-32  has declined to exercise jurisdiction on the ground that this state is

6-33  the more appropriate forum pursuant to section 36 or 37 of this

6-34  act and:

6-35          (1) The child and the child’s parents, or the child and at

6-36  least one parent or a person acting as a parent, have a significant

6-37  connection with this state other than mere physical presence; and

6-38          (2) Substantial evidence is available in this state

6-39  concerning the child’s care, protection, training and personal

6-40  relationships;

6-41      (c) All courts having jurisdiction pursuant to paragraph (a) or

6-42  (b) have declined to exercise jurisdiction on the ground that a

6-43  court of this state is the more appropriate forum to determine the

6-44  custody of the child pursuant to section 36 or 37 of this act; or

7-1  (d) No court of any other state would have jurisdiction

7-2  pursuant to the criteria specified in paragraph (a), (b) or (c).

7-3  2.  Subsection 1 is the exclusive jurisdictional basis for

7-4  making a child custody determination by a court of this state.

7-5  3.  Physical presence of, or personal jurisdiction over, a party

7-6  or a child is not necessary or sufficient to make a child custody

7-7  determination.

7-8  Sec. 31. 1.  Except as otherwise provided in section 33 of

7-9  this act, a court of this state which has made a child custody

7-10  determination consistent with section 30 or 32 of this act has

7-11  exclusive, continuing jurisdiction over the determination until:

7-12      (a) A court of this state determines that the child, the child’s

7-13  parents and any person acting as a parent do not have a

7-14  significant connection with this state and that substantial evidence

7-15  is no longer available in this state concerning the child’s care,

7-16  protection, training and personal relationships; or

7-17      (b) A court of this state or a court of another state determines

7-18  that the child, the child’s parents and any person acting as a

7-19  parent do not presently reside in this state.

7-20      2.  A court of this state which has made a child custody

7-21  determination and does not have exclusive, continuing jurisdiction

7-22  pursuant to this section may modify that determination only if it

7-23  has jurisdiction to make an initial determination pursuant to

7-24  section 30 of this act.

7-25      Sec. 32. Except as otherwise provided in section 33 of this

7-26  act, a court of this state may not modify a child custody

7-27  determination made by a court of another state unless a court of

7-28  this state has jurisdiction to make an initial determination

7-29  pursuant to paragraph (a) or (b) of subsection 1 of section 30 of

7-30  this act and:

7-31      1.  The court of the other state determines it no longer has

7-32  exclusive, continuing jurisdiction pursuant to section 31 of this act

7-33  or that a court of this state would be a more convenient forum

7-34  pursuant to section 36 of this act; or

7-35      2.  A court of this state or a court of the other state determines

7-36  that the child, the child’s parents and any person acting as a

7-37  parent do not presently reside in the other state.

7-38      Sec. 33. 1.  A court of this state has temporary emergency

7-39  jurisdiction if the child is present in this state and the child has

7-40  been abandoned or it is necessary in an emergency to protect the

7-41  child because the child, or a sibling or parent of the child, is

7-42  subjected to or threatened with mistreatment or abuse.

7-43      2.  If there is no previous child custody determination that is

7-44  entitled to be enforced pursuant to the provisions of this chapter

7-45  and a child custody proceeding has not been commenced in a

8-1  court of a state having jurisdiction pursuant to sections 30, 31 and

8-2  32 of this act, a child custody determination made pursuant to this

8-3  section remains in effect until an order is obtained from a court of

8-4  a state having jurisdiction pursuant to sections 30, 31 and 32 of

8-5  this act. If a child custody proceeding has not been or is not

8-6  commenced in a court of a state having jurisdiction pursuant to

8-7  sections 30, 31 and 32 of this act, a child custody determination

8-8  made pursuant to this section becomes a final determination, if it

8-9  so provides, and this state becomes the home state of the child.

8-10      3.  If there is a previous child custody determination that is

8-11  entitled to be enforced pursuant to the provisions of this chapter,

8-12  or a child custody proceeding has been commenced in a court of a

8-13  state having jurisdiction pursuant to sections 30, 31 and 32 of this

8-14  act, any order issued by a court of this state pursuant to this

8-15  section must specify in the order a period that the court considers

8-16  adequate to allow the person seeking an order to obtain an order

8-17  from the state having jurisdiction pursuant to sections 30, 31 and

8-18  32 of this act. The order issued in this state remains in effect until

8-19  an order is obtained from the other state within the period

8-20  specified or the period expires.

8-21      4.  A court of this state which has been asked to make a child

8-22  custody determination pursuant to this section, upon being

8-23  informed that a child custody proceeding has been commenced in,

8-24  or a child custody determination has been made by, a court of a

8-25  state having jurisdiction pursuant to sections 30, 31 and 32 of this

8-26  act, shall immediately communicate with the other court. A court

8-27  of this state which is exercising jurisdiction pursuant to sections

8-28  30, 31 and 32 of this act, upon being informed that a child custody

8-29  proceeding has been commenced in, or a child custody

8-30  determination has been made by, a court of another state pursuant

8-31  to a statute similar to this section shall immediately communicate

8-32  with the court of that state to resolve the emergency, protect the

8-33  safety of the parties and the child, and determine a period for the

8-34  duration of the temporary order.

8-35      Sec. 34.  1.  Before a child custody determination is made

8-36  pursuant to the provisions of this chapter, notice and an

8-37  opportunity to be heard in accordance with the standards of

8-38  section 25 of this act must be given to all persons entitled to notice

8-39  pursuant to the law of this state as in child custody proceedings

8-40  between residents of this state, any parent whose parental rights

8-41  have not been previously terminated and any person having

8-42  physical custody of the child.

8-43      2.  The provisions of this chapter do not govern the

8-44  enforceability of a child custody determination made without

8-45  notice or an opportunity to be heard.

9-1  3.  The obligation to join a party and the right to intervene as

9-2  a party in a child custody proceeding conducted pursuant to the

9-3  provisions of this chapter are governed by the law of this state as

9-4  in child custody proceedings between residents of this state.

9-5  Sec. 35.  1.  Except as otherwise provided in section 33 of

9-6  this act, a court of this state may not exercise its jurisdiction

9-7  pursuant to sections 30 to 39, inclusive, of this act if, at the time of

9-8  the commencement of the proceeding, a proceeding concerning

9-9  the custody of the child has been commenced in a court of another

9-10  state having jurisdiction substantially in conformity with the

9-11  provisions of this chapter, unless the proceeding has been

9-12  terminated or is stayed by the court of the other state because a

9-13  court of this state is a more convenient forum pursuant to section

9-14  36 of this act.

9-15      2.  Except as otherwise provided in section 33 of this act, a

9-16  court of this state, before hearing a child custody proceeding, shall

9-17  examine the court documents and other information supplied by

9-18  the parties pursuant to section 38 of this act. If the court

9-19  determines that a child custody proceeding has been commenced

9-20  in a court in another state having jurisdiction substantially in

9-21  accordance with the provisions of this chapter, the court of this

9-22  state shall stay its proceeding and communicate with the court of

9-23  the other state. If the court of the state having jurisdiction

9-24  substantially in accordance with the provisions of this chapter

9-25  does not determine that the court of this state is a more

9-26  appropriate forum, the court of this state shall dismiss the

9-27  proceeding.

9-28      3.  In a proceeding to modify a child custody determination, a

9-29  court of this state shall determine whether a proceeding to enforce

9-30  the determination has been commenced in another state. If a

9-31  proceeding to enforce a child custody determination has been

9-32  commenced in another state, the court may:

9-33      (a) Stay the proceeding for modification pending the entry of

9-34  an order of a court of the other state enforcing, staying, denying

9-35  or dismissing the proceeding for enforcement;

9-36      (b) Enjoin the parties from continuing with the proceeding for

9-37  enforcement; or

9-38      (c) Proceed with the modification under conditions it considers

9-39  appropriate.

9-40      Sec. 36.  1.  A court of this state which has jurisdiction

9-41  pursuant to the provisions of this chapter to make a child custody

9-42  determination may decline to exercise its jurisdiction at any time if

9-43  it determines that it is an inconvenient forum under the

9-44  circumstances and that a court of another state is a more

9-45  appropriate forum. The issue of inconvenient forum may be raised

10-1  upon motion of a party, the court’s own motion or request of

10-2  another court.

10-3      2.  Before determining whether it is an inconvenient forum, a

10-4  court of this state shall consider whether it is appropriate for a

10-5  court of another state to exercise jurisdiction. For this purpose,

10-6  the court shall allow the parties to submit information and shall

10-7  consider all relevant factors, including:

10-8      (a) Whether domestic violence has occurred and is likely to

10-9  continue in the future and which state could best protect the

10-10  parties and the child;

10-11     (b) The length of time the child has resided outside this state;

10-12     (c) The distance between the court in this state and the court in

10-13  the state that would assume jurisdiction;

10-14     (d) The relative financial circumstances of the parties;

10-15     (e) Any agreement of the parties as to which state should

10-16  assume jurisdiction;

10-17     (f) The nature and location of the evidence required to resolve

10-18  the pending litigation, including testimony of the child;

10-19     (g) The ability of the court of each state to decide the issue

10-20  expeditiously and the procedures necessary to present the

10-21  evidence; and

10-22     (h) The familiarity of the court of each state with the facts and

10-23  issues in the pending litigation.

10-24     3.  If a court of this state determines that it is an inconvenient

10-25  forum and that a court of another state is a more appropriate

10-26  forum, it shall stay the proceedings upon condition that a child

10-27  custody proceeding be promptly commenced in another designated

10-28  state and may impose any other condition the court considers just

10-29  and proper.

10-30     4.  A court of this state may decline to exercise its jurisdiction

10-31  pursuant to the provisions of this chapter if a child custody

10-32  determination is incidental to an action for divorce or another

10-33  proceeding while still retaining jurisdiction over the divorce or

10-34  other proceeding.

10-35     Sec. 37. 1.  Except as otherwise provided in section 33 of

10-36  this act or by other state law, if a court of this state has jurisdiction

10-37  pursuant to the provisions of this chapter because a person

10-38  seeking to invoke its jurisdiction has engaged in unjustifiable

10-39  conduct, the court shall decline to exercise its jurisdiction unless:

10-40     (a) The parents and all persons acting as parents have

10-41  acquiesced in the exercise of jurisdiction;

10-42     (b) A court of the state otherwise having jurisdiction pursuant

10-43  to sections 30, 31 and 32 of this act determines that this state is a

10-44  more appropriate forum pursuant to section 36 of this act; or

11-1      (c) No court of any other state would have jurisdiction

11-2  pursuant to the criteria specified in sections 30, 31 and 32 of this

11-3  act.

11-4      2.  If a court of this state declines to exercise its jurisdiction

11-5  pursuant to subsection 1, it may fashion an appropriate remedy to

11-6  ensure the safety of the child and prevent a repetition of the

11-7  unjustifiable conduct, including staying the proceeding until a

11-8  child custody proceeding is commenced in a court having

11-9  jurisdiction pursuant to sections 30, 31 and 32 of this act.

11-10     3.  If a court dismisses a petition or stays a proceeding

11-11  because it declines to exercise its jurisdiction pursuant to

11-12  subsection 1, it shall assess against the party seeking to invoke its

11-13  jurisdiction necessary and reasonable expenses including costs,

11-14  communication expenses, attorney’s fees, investigative fees,

11-15  expenses for witnesses, travel expenses and child care during the

11-16  course of the proceedings, unless the party from whom fees are

11-17  sought establishes that the assessment would be clearly

11-18  inappropriate. The court may not assess fees, costs or expenses

11-19  against this state unless authorized by law other than the

11-20  provisions of this chapter.

11-21     Sec. 38. 1.  Except as otherwise provided by state law, in a

11-22  child custody proceeding, each party, in its first pleading or in an

11-23  attached affidavit, shall give information, if reasonably

11-24  ascertainable, under oath as to the child’s present address or

11-25  whereabouts, the places where the child has lived during the last

11-26  five years, and the names and present addresses of the persons

11-27  with whom the child has lived during that period. The pleading or

11-28  affidavit must state whether the party:

11-29     (a) Has participated, as a party or witness or in any other

11-30  capacity, in any other proceeding concerning the custody of or

11-31  visitation with the child and, if so, identify the court, the case

11-32  number and the date of the child custody determination, if any;

11-33     (b) Knows of any proceeding that could affect the current

11-34  proceeding, including proceedings for enforcement and

11-35  proceedings relating to domestic violence, protective orders,

11-36  termination of parental rights and adoptions and, if so, identify the

11-37  court, the case number and the nature of the proceeding; and

11-38     (c) Knows the names and addresses of any person not a party

11-39  to the proceeding who has physical custody of the child or claims

11-40  rights of legal custody or physical custody of, or visitation with,

11-41  the child and, if so, the names and addresses of those persons.

11-42     2.  If the information required by subsection 1 is not

11-43  furnished, the court, upon motion of a party or its own motion,

11-44  may stay the proceeding until the information is furnished.

12-1      3.  If the declaration as to any of the items described in

12-2  paragraphs (a), (b) and (c) of subsection 1 is in the affirmative, the

12-3  declarant shall give additional information under oath as required

12-4  by the court. The court may examine the parties under oath as to

12-5  details of the information furnished and other matters pertinent to

12-6  the court’s jurisdiction and the disposition of the case.

12-7      4.  Each party has a continuing duty to inform the court of

12-8  any proceeding in this or any other state that could affect the

12-9  current proceeding.

12-10     5.  If a party alleges in an affidavit or a pleading under oath

12-11  that the health, safety or liberty of a party or child would be

12-12  jeopardized by disclosure of identifying information, the

12-13  information must be sealed and may not be disclosed to the other

12-14  party or the public unless the court orders the disclosure to be

12-15  made after a hearing in which the court takes into consideration

12-16  the health, safety or liberty of the party or child and determines

12-17  that the disclosure is in the interest of justice.

12-18     Sec. 39. 1.  In a child custody proceeding in this state, the

12-19  court may order a party to the proceeding who is in this state to

12-20  appear before the court in person with or without the child. The

12-21  court may order any person who is in this state and who has

12-22  physical custody or control of the child to appear in person with

12-23  the child.

12-24     2.  If a party to a child custody proceeding whose presence is

12-25  desired by the court is outside this state, the court may order that a

12-26  notice given pursuant to section 25 of this act include a statement

12-27  directing the party to appear in person with or without the child

12-28  and informing the party that failure to appear may result in a

12-29  decision adverse to the party.

12-30     3.  The court may enter any orders necessary to ensure the

12-31  safety of the child and of any person ordered to appear pursuant to

12-32  this section.

12-33     4.  If a party to a child custody proceeding who is outside this

12-34  state is directed to appear pursuant to subsection 2 or desires to

12-35  appear personally before the court with or without the child, the

12-36  court may require another party to pay reasonable and necessary

12-37  travel and other expenses of the party so appearing and of the

12-38  child.

12-39     Sec. 40.  As used in sections 40 to 58, inclusive, of this act,

12-40  unless the context otherwise requires, the words and terms defined

12-41  in sections 41 and 42 of this act have the meanings ascribed to

12-42  them in those sections.

12-43     Sec. 41. “Petitioner” means a person who seeks enforcement

12-44  of an order for return of a child pursuant to the Hague

13-1  Convention on the Civil Aspects of International Child Abduction

13-2  or enforcement of a child custody determination.

13-3      Sec. 42. “Respondent” means a person against whom a

13-4  proceeding has been commenced for enforcement of an order for

13-5  return of a child pursuant to the Hague Convention on the Civil

13-6  Aspects of International Child Abduction or enforcement of a

13-7  child custody determination.

13-8      Sec. 43. Pursuant to sections 40 to 58, inclusive, of this act, a

13-9  court of this state may enforce an order for the return of a child

13-10  made pursuant to the Hague Convention on the Civil Aspects of

13-11  International Child Abduction as if it were a child custody

13-12  determination.

13-13     Sec. 44. 1.  A court of this state shall recognize and enforce

13-14  a child custody determination of a court of another state if the

13-15  latter court exercised jurisdiction in substantial conformity with

13-16  the provisions of this chapter or the determination was made

13-17  under factual circumstances meeting the jurisdictional standards

13-18  of the provisions of this chapter and the determination has not

13-19  been modified in accordance with the provisions of this chapter.

13-20     2.  A court of this state may utilize any remedy available

13-21  pursuant to other law of this state to enforce a child custody

13-22  determination made by a court of another state. The remedies

13-23  provided pursuant to sections 40 to 58, inclusive, of this act are

13-24  cumulative and do not affect the availability of other remedies to

13-25  enforce a child custody determination.

13-26     Sec. 45. 1.  A court of this state which does not have

13-27  jurisdiction to modify a child custody determination, may issue a

13-28  temporary order enforcing:

13-29     (a) A visitation schedule made by a court of another state; or

13-30     (b) The visitation provisions of a child custody determination

13-31  of another state that does not provide for a specific visitation

13-32  schedule.

13-33     2.  If a court of this state makes an order pursuant to

13-34  paragraph (b) of subsection 1, it shall specify in the order a period

13-35  that it considers adequate to allow the petitioner to obtain an order

13-36  from a court having jurisdiction pursuant to the criteria specified

13-37  in sections 30 to 39, inclusive, of this act. The order remains in

13-38  effect until an order is obtained from the other court or the period

13-39  expires.

13-40     Sec. 46. 1.  A child custody determination issued by a court

13-41  of another state may be registered in this state, with or without a

13-42  simultaneous request for enforcement, by sending to a court of

13-43  this state which is competent to hear custody matters:

13-44     (a) A letter or other document requesting registration;

14-1      (b) Two copies, including one certified copy, of the

14-2  determination sought to be registered, and a statement under

14-3  penalty of perjury that to the best of the knowledge and belief of

14-4  the person seeking registration the order has not been modified;

14-5  and

14-6      (c) Except as otherwise provided in section 38 of this act, the

14-7  name and address of the person seeking registration and any

14-8  parent or person acting as a parent who has been awarded custody

14-9  or visitation in the child custody determination sought to be

14-10  registered.

14-11     2.  On receipt of the documents required by subsection 1, the

14-12  registering court shall:

14-13     (a) Cause the determination to be filed as a foreign judgment,

14-14  together with one copy of any accompanying documents and

14-15  information, regardless of their form; and

14-16     (b) Serve notice upon the persons named pursuant to

14-17  paragraph (c) of subsection 1 and provide them with an

14-18  opportunity to contest the registration in accordance with this

14-19  section.

14-20     3.  The notice required by paragraph (b) of subsection 2 must

14-21  state that:

14-22     (a) A registered determination is enforceable as of the date of

14-23  the registration in the same manner as a determination issued by a

14-24  court of this state;

14-25     (b) A hearing to contest the validity of the registered

14-26  determination must be requested within 20 days after service of

14-27  notice; and

14-28     (c) Failure to contest the registration will result in

14-29  confirmation of the child custody determination and preclude

14-30  further contest of that determination with respect to any matter

14-31  that could have been asserted.

14-32     4.  A person seeking to contest the validity of a registered

14-33  order must request a hearing within 20 days after service of the

14-34  notice. At that hearing, the court shall confirm the registered

14-35  order unless the person contesting registration establishes that:

14-36     (a) The issuing court did not have jurisdiction pursuant to

14-37  sections 30 to 39, inclusive, of this act;

14-38     (b) The child custody determination sought to be registered

14-39  has been vacated, stayed or modified by a court having jurisdiction

14-40  to do so pursuant to sections 30 to 39, inclusive, of this act; or

14-41     (c) The person contesting registration was entitled to notice,

14-42  but notice was not given in accordance with the standards of

14-43  section 25 of this act, in the proceedings before the court that

14-44  issued the order for which registration is sought.

15-1      5.  If a timely request for a hearing to contest the validity of

15-2  the registration is not made, the registration is confirmed as a

15-3  matter of law and the person requesting registration and all

15-4  persons served must be notified of the confirmation.

15-5      6.  Confirmation of a registered order, whether by operation

15-6  of law or after notice and hearing, precludes further contest of the

15-7  order with respect to any matter that could have been asserted at

15-8  the time of registration.

15-9      Sec. 47. 1.  A court of this state may grant any relief

15-10  normally available pursuant to the law of this state to enforce a

15-11  registered child custody determination made by a court of another

15-12  state.

15-13     2.  A court of this state shall recognize and enforce, but may

15-14  not modify, except in accordance with sections 30 to 39, inclusive,

15-15  of this act, a registered child custody determination of a court of

15-16  another state.

15-17     Sec. 48. 1.  If a proceeding for enforcement pursuant to the

15-18  provisions of sections 40 to 58, inclusive, of this act is commenced

15-19  in a court of this state and the court determines that a proceeding

15-20  to modify the determination is pending in a court of another state

15-21  having jurisdiction to modify the determination pursuant to

15-22  sections 30 to 39, inclusive, of this act, the enforcing court shall

15-23  immediately communicate with the modifying court.

15-24     2.  The proceeding for enforcement continues unless the

15-25  enforcing court, after consultation with the modifying court, stays

15-26  or dismisses the proceeding.

15-27     Sec. 49. 1.  A petition pursuant to sections 40 to 58,

15-28  inclusive, of this act must be verified. Certified copies of all orders

15-29  sought to be enforced and of any order confirming registration

15-30  must be attached to the petition. A copy of a certified copy of an

15-31  order may be attached instead of the original.

15-32     2.  A petition for enforcement of a child custody determination

15-33  must state:

15-34     (a) Whether the court that issued the determination identified

15-35  the jurisdictional basis it relied upon in exercising jurisdiction

15-36  and, if so, what the basis was;

15-37     (b) Whether the determination for which enforcement is

15-38  sought has been vacated, stayed or modified by a court whose

15-39  decision must be enforced pursuant to the provisions of this

15-40  chapter and, if so, identify the court, the case number and the

15-41  nature of the proceeding;

15-42     (c) Whether any proceeding has been commenced that could

15-43  affect the current proceeding, including proceedings relating to

15-44  domestic violence, protective orders, termination of parental rights

16-1  and adoptions and, if so, identify the court, the case number and

16-2  the nature of the proceeding;

16-3      (d) The present physical address of the child and the

16-4  respondent, if known;

16-5      (e) Whether relief in addition to the immediate physical

16-6  custody of the child and attorney’s fees is sought, including a

16-7  request for assistance from law enforcement officers and, if so, the

16-8  relief sought; and

16-9      (f) If the child custody determination has been registered and

16-10  confirmed pursuant to section 46 of this act, the date and place of

16-11  registration.

16-12     3.  Upon the filing of a petition, the court shall issue an order

16-13  directing the respondent to appear in person with or without the

16-14  child at a hearing and may enter any order necessary to ensure the

16-15  safety of the parties and the child. The hearing must be held on

16-16  the next judicial day after service of the order unless that date is

16-17  impossible. If that date is impossible, the court shall hold the

16-18  hearing on the first judicial day possible. The court may extend

16-19  the date of the hearing at the request of the petitioner.

16-20     4.  An order issued pursuant to subsection 3 must state the

16-21  time and place of the hearing and advise the respondent that at the

16-22  hearing the court will order that the petitioner may take immediate

16-23  physical custody of the child and the payment of fees, costs and

16-24  expenses pursuant to section 53 of this act, and may schedule a

16-25  hearing to determine whether further relief is appropriate, unless

16-26  the respondent appears and establishes that:

16-27     (a) The child custody determination has not been registered

16-28  and confirmed pursuant to section 46 of this act and that:

16-29         (1) The issuing court did not have jurisdiction pursuant to

16-30  sections 30 to 39, inclusive, of this act;

16-31         (2) The child custody determination for which enforcement

16-32  is sought has been vacated, stayed or modified by a court having

16-33  jurisdiction to do so pursuant to sections 30 to 39, inclusive, of this

16-34  act;

16-35         (3) The respondent was entitled to notice, but notice was

16-36  not given in accordance with the standards of section 25 of this

16-37  act, in the proceedings before the court that issued the order for

16-38  which enforcement is sought; or

16-39     (b) The child custody determination for which enforcement is

16-40  sought was registered and confirmed pursuant to section 45 of this

16-41  act, but has been vacated, stayed or modified by a court of a state

16-42  having jurisdiction to do so pursuant to sections 30 to 39,

16-43  inclusive, of this act.

16-44     Sec. 50. Except as otherwise provided in section 52 of this

16-45  act, the petition and order must be served, by any method

17-1  authorized by state law, upon respondent and any person who has

17-2  physical custody of the child.

17-3      Sec. 51. 1.  Unless the court issues a temporary emergency

17-4  order pursuant to section 33 of this act, upon a finding that a

17-5  petitioner is entitled to immediate physical custody of the child, the

17-6  court shall order that the petitioner may take immediate physical

17-7  custody of the child unless the respondent establishes that:

17-8      (a) The child custody determination has not been registered

17-9  and confirmed pursuant to section 46 of this act and that:

17-10         (1) the issuing court did not have jurisdiction pursuant to

17-11  sections 30 to 39, inclusive, of this act;

17-12         (2) The child custody determination for which enforcement

17-13  is sought has been vacated, stayed or modified by a court of a state

17-14  having jurisdiction to do so pursuant to sections 30 to 39,

17-15  inclusive, of this act; or

17-16         (3) The respondent was entitled to notice, but notice was

17-17  not given in accordance with the standards of section 25 of this

17-18  act, in the proceedings before the court that issued the order for

17-19  which enforcement is sought; or

17-20     (b) The child custody determination for which enforcement is

17-21  sought was registered and confirmed pursuant to section 46 of this

17-22  act but has been vacated, stayed or modified by a court of a state

17-23  having jurisdiction to do so pursuant to sections 30 to 39,

17-24  inclusive, of this act.

17-25     2.  The court shall award the fees, costs and expenses

17-26  authorized pursuant to section 53 of this act and may grant

17-27  additional relief, including a request for the assistance of law

17-28  enforcement officers, and set a further hearing to determine

17-29  whether additional relief is appropriate.

17-30     3.  If a party called to testify refuses to answer on the ground

17-31  that the testimony may be self-incriminating, the court may draw

17-32  an adverse inference from the refusal.

17-33     4.  A privilege against disclosure of communications between

17-34  spouses and a defense of immunity based on the relationship of

17-35  husband and wife or parent and child may not be invoked in a

17-36  proceeding conducted pursuant to sections 40 to 58, inclusive, of

17-37  this act.

17-38     Sec. 52. 1.  Upon the filing of a petition seeking

17-39  enforcement of a child custody determination, the petitioner may

17-40  file a verified application for the issuance of a warrant to take

17-41  physical custody of the child if the child is immediately likely to

17-42  suffer serious physical harm or to be removed from this state.

17-43     2.  If the court, upon the testimony of the petitioner or other

17-44  witness, finds that the child is immediately likely to suffer serious

17-45  physical harm or to be removed from this state, it may issue a

18-1  warrant to take physical custody of the child. The petition must be

18-2  heard on the next judicial day after the warrant is executed unless

18-3  that date is impossible. If that date is impossible, the court shall

18-4  hold the hearing on the first judicial day possible. The application

18-5  for the warrant must include the statements required by subsection

18-6  2 of section 49 of this act.

18-7      3.  A warrant to take physical custody of a child must:

18-8      (a) Recite the facts upon which the conclusion that the child is

18-9  immediately likely to suffer serious physical harm or to be

18-10  removed from this state is based;

18-11     (b) Direct law enforcement officers to take physical custody of

18-12  the child immediately; and

18-13     (c) Provide for the placement of the child pending final relief.

18-14     4.  The respondent must be served with the petition, warrant

18-15  and order immediately after the child is taken into physical

18-16  custody.

18-17     5.  A warrant to take physical custody of a child is enforceable

18-18  throughout this state. If the court finds on the basis of the

18-19  testimony of the petitioner or other witness that a less intrusive

18-20  remedy is not effective, it may authorize law enforcement officers

18-21  to enter private property to take physical custody of the child. If

18-22  required by exigent circumstances of the case, the court may

18-23  authorize law enforcement officers to make a forcible entry at any

18-24  hour.

18-25     6.  The court may impose conditions upon placement of a

18-26  child to ensure the appearance of the child and the child’s

18-27  custodian.

18-28     Sec. 53.  1.  The court shall award the prevailing party,

18-29  including a state, necessary and reasonable expenses incurred by

18-30  or on behalf of the party, including costs, communication

18-31  expenses, attorney’s fees, investigative fees, expenses for

18-32  witnesses, travel expenses and child care during the course of the

18-33  proceedings, unless the party from whom fees or expenses are

18-34  sought establishes that the award would be clearly inappropriate.

18-35     2.  The court may not assess fees, costs or expenses against a

18-36  state unless authorized by law other than the provisions of this

18-37  chapter.

18-38     Sec. 54.  A court of this state shall accord full faith and credit

18-39  to an order issued by another state and consistent with the

18-40  provisions of this chapter which enforces a child custody

18-41  determination by a court of another state unless the order has

18-42  been vacated, stayed or modified by a court having jurisdiction to

18-43  do so pursuant to sections 30 to 39, inclusive, of this act.

18-44     Sec. 55.  1.  An appeal may be taken from a final order in a

18-45  proceeding conducted pursuant to the provisions of sections 40 to

19-1  58, inclusive, of this act in the same manner as appeals in other

19-2  civil cases are taken.

19-3      2.  To the extent consistent with the Nevada Rules of

19-4  Appellate Procedure, the Supreme Court shall expedite an appeal

19-5  brought pursuant to this section.

19-6      3.  Unless the court enters a temporary emergency order

19-7  pursuant to section 34 of this act, the enforcing court may not stay

19-8  an order enforcing a child custody determination pending appeal.

19-9      Sec. 56.  1.  In a case arising pursuant to the provisions of

19-10  this chapter or involving the Hague Convention on the Civil

19-11  Aspects of International Child Abduction, a district attorney or the

19-12  Attorney General may take any lawful action, including resort to a

19-13  proceeding brought pursuant to sections 40 to 58, inclusive, of this

19-14  act or any other available civil proceeding to locate a child, obtain

19-15  the return of a child or enforce a child custody determination if

19-16  there is:

19-17     (a) An existing child custody determination;

19-18     (b) A request to do so from a court in a pending child custody

19-19  proceeding;

19-20     (c) A reasonable belief that a criminal statute has been

19-21  violated; or

19-22     (d) A reasonable belief that the child has been wrongfully

19-23  removed or retained in violation of the Hague Convention on the

19-24  Civil Aspects of International Child Abduction.

19-25     2.  A district attorney or the Attorney General acting pursuant

19-26  to this section acts on behalf of the court and may not represent

19-27  any party.

19-28     Sec. 57.  At the request of a district attorney or the Attorney

19-29  General acting pursuant to section 56 of this act, a law

19-30  enforcement officer may take any lawful action reasonably

19-31  necessary to locate a child or a party and assist the district

19-32  attorney or the Attorney General with responsibilities pursuant to

19-33  section 56 of this act.

19-34     Sec. 58.  If the respondent is not the prevailing party, the

19-35  court may assess against the respondent all direct expenses and

19-36  costs incurred by a district attorney or the Attorney General and

19-37  law enforcement officers pursuant to section 56 or 57 of this act.

19-38     Sec. 59.  In applying and construing the Uniform Child

19-39  Custody Jurisdiction and Enforcement Act, consideration must be

19-40  given to the need to promote uniformity of the law with respect to

19-41  its subject matter among states that enact it.

19-42     Sec. 60.  NRS 125.470 is hereby amended to read as follows:

19-43     125.470  1.  If, during any proceeding brought under this

19-44  chapter, either before or after the entry of a final order concerning

19-45  the custody of a minor child, it appears to the court that any minor

20-1  child of either party has been, or is likely to be, taken or removed

20-2  out of this state or concealed within this state, the court shall

20-3  forthwith order such child to be produced before it and make such

20-4  disposition of the child’s custody as appears most advantageous to

20-5  and in the best interest of the child and most likely to secure to him

20-6  the benefit of the final order or the modification or termination of

20-7  the final order to be made in his behalf.

20-8      2.  If, during any proceeding brought under this chapter, either

20-9  before or after the entry of a final order concerning the custody of a

20-10  minor child, the court finds that it would be in the best interest of the

20-11  minor child, the court may enter an order providing that a party

20-12  may, with the assistance of the appropriate law enforcement agency,

20-13  obtain physical custody of the child from the party having physical

20-14  custody of the child. The order must provide that if the party obtains

20-15  physical custody of the child, the child must be produced before the

20-16  court as soon as practicable to allow the court to make such

20-17  disposition of the child’s custody as appears most advantageous to

20-18  and in the best interest of the child and most likely to secure to him

20-19  the benefit of the final order or the modification or termination of

20-20  the final order to be made in his behalf.

20-21     3.  If the court enters an order pursuant to subsection 2

20-22  providing that a party may obtain physical custody of a child, the

20-23  court shall order that party to give the party having physical custody

20-24  of the child notice at least 24 hours before the time at which he

20-25  intends to obtain physical custody of the child, unless the court

20-26  deems that requiring the notice would likely defeat the purpose of

20-27  the order.

20-28     4.  All orders for a party to appear with a child issued pursuant

20-29  to this section may be enforced [as provided by subsection 2 of NRS

20-30  125A.140.] by issuing a warrant of arrest against that party to

20-31  secure his appearance with the child.

20-32     5.  A proceeding under this section must be given priority on

20-33  the court calendar.

20-34     Sec. 61.  NRS 200.359 is hereby amended to read as follows:

20-35     200.359  1.  A person having a limited right of custody to a

20-36  child by operation of law or pursuant to an order, judgment or

20-37  decree of any court, including a judgment or decree which grants

20-38  another person rights to custody or visitation of the child, or any

20-39  parent having no right of custody to the child, who:

20-40     (a) In violation of an order, judgment or decree of any court

20-41  willfully detains, conceals or removes the child from a parent,

20-42  guardian or other person having lawful custody or a right of

20-43  visitation of the child; or

20-44     (b) In the case of an order, judgment or decree of any court that

20-45  does not specify when the right to physical custody or visitation is to

21-1  be exercised, removes the child from the jurisdiction of the court

21-2  without the consent of either the court or all persons who have the

21-3  right to custody or visitation,

21-4  is guilty of a category D felony and shall be punished as provided in

21-5  NRS 193.130.

21-6      2.  A parent who has joint legal custody of a child pursuant to

21-7  NRS 125.465 shall not willfully conceal or remove the child from

21-8  the custody of the other parent with the specific intent to deprive the

21-9  other parent of the parent and child relationship. A person

21-10  who violates this subsection shall be punished as provided in

21-11  subsection 1.

21-12     3.  If the mother of a child has primary physical custody

21-13  pursuant to subsection 2 of NRS 126.031, the father of the child

21-14  shall not willfully conceal or remove the child from the physical

21-15  custody of the mother. If the father of a child has primary physical

21-16  custody pursuant to subsection 2 of NRS 126.031, the mother of the

21-17  child shall not willfully conceal or remove the child from the

21-18  physical custody of the father. A person who violates this subsection

21-19  shall be punished as provided in subsection 1.

21-20     4.  Before an arrest warrant may be issued for a violation of this

21-21  section, the court must find that:

21-22     (a) This is the home state of the child, as defined in [subsection

21-23  5 of NRS 125A.040;] section 10 of this act; and

21-24     (b) There is cause to believe that the entry of a court order in a

21-25  civil proceeding brought pursuant to chapter 125, 125A or 125C of

21-26  NRS will not be effective to enforce the rights of the parties and

21-27  would not be in the best interests of the child.

21-28     5.  Upon conviction for a violation of this section, the court

21-29  shall order the defendant to pay restitution for any expenses incurred

21-30  in locating or recovering the child.

21-31     6.  The prosecuting attorney may recommend to the judge that

21-32  the defendant be sentenced as for a misdemeanor and the judge may

21-33  impose such a sentence if he finds that:

21-34     (a) The defendant has no prior conviction for this offense and

21-35  the child has suffered no substantial harm as a result of the offense;

21-36  or

21-37     (b) The interests of justice require that the defendant be

21-38  punished as for a misdemeanor.

21-39     7.  A person who aids or abets any other person to violate this

21-40  section shall be punished as provided in subsection 1.

21-41     8.  This section does not apply to a person who detains,

21-42  conceals or removes a child to protect the child from the imminent

21-43  danger of abuse or neglect or to protect himself from imminent

21-44  physical harm, and reported the detention, concealment or removal

21-45  to a law enforcement agency or an agency which provides child

22-1  welfare services within 24 hours after detaining, concealing or

22-2  removing the child, or as soon as the circumstances allowed. As

22-3  used in this subsection:

22-4      (a) “Abuse or neglect” has the meaning ascribed to it in

22-5  paragraph (a) of subsection 4 of NRS 200.508.

22-6      (b) “Agency which provides child welfare services” has the

22-7  meaning ascribed to it in NRS 432B.030.

22-8      Sec. 62.  A motion or other request for relief made in a child

22-9  custody proceeding or to enforce a child custody determination

22-10  which was commenced before October 1, 2003, is governed by the

22-11  law in effect at the time the motion or other request was made.

22-12     Sec. 63.  NRS 125A.010, 125A.020, 125A.030, 125A.040,

22-13  125A.050, 125A.060, 125A.070, 125A.080, 125A.090, 125A.100,

22-14  125A.110, 125A.120, 125A.130, 125A.140, 125A.150, 125A.160,

22-15  125A.170, 125A.180, 125A.190, 125A.200, 125A.210, 125A.220,

22-16  125A.230, 125A.240 and 125A.250 are hereby repealed.

 

22-17  LEADLINES OF REPEALED SECTIONS

 

22-18     125A.010  Short title.

22-19     125A.020  Purposes of chapter.

22-20     125A.030  Application of chapter to decrees of other

22-21   nations.

22-22     125A.040  Definitions.

22-23     125A.050  Jurisdiction.  

22-24     125A.060  Exercise of jurisdiction: When custody

22-25   proceedings pending in other states.

22-26     125A.070  Exercise of jurisdiction: When forum

22-27   inappropriate.

22-28     125A.080  Exercise of jurisdiction: When petitioner acts

22-29   wrongfully.

22-30     125A.090  Exercise of jurisdiction: Notice and opportunity

22-31   to be heard.

22-32     125A.100  Notice to persons outside Nevada.

22-33     125A.110  Priority of issues concerning jurisdiction.

22-34     125A.120  Information required with initial pleading;

22-35   exceptions.

22-36     125A.130  Joinder of additional parties.

22-37     125A.140  Appearance of parties.

22-38     125A.150  Effect of decree upon parties.

22-39     125A.160  Certification of copies of decree.

22-40     125A.170  Recognition of foreign decrees.

23-1      125A.180  Modification of foreign decrees.

23-2      125A.190  Filing and enforcement of foreign decrees.

23-3      125A.200  Registry of foreign decrees, communications and

23-4   other documents; assignment of case number, docket and

23-5   department to foreign decrees; proof of registration of foreign

23-6   decree; fee for registration.

23-7      125A.210  Examination of witnesses outside Nevada.

23-8      125A.220  Assistance by courts of other states.

23-9      125A.230  Assistance to courts of other states.

23-10     125A.240  Preservation of documents for use in other states.

23-11     125A.250  Request for court records and documents of

23-12   another state.

 

23-13  H