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.  The provisions of this section do not apply if the child

4-4  custody laws of the foreign country where the child custody

4-5  determination was made violate fundamental principles of human

4-6  rights.

4-7  Sec. 23. A child custody determination made by a court of

4-8  this state that had jurisdiction pursuant to the provisions of this

4-9  chapter binds all persons who have been served in accordance

4-10  with the laws of this state or notified in accordance with section 25

4-11  of this act or who have submitted to the jurisdiction of the court,

4-12  and who have been given an opportunity to be heard. As to those

4-13  persons, the determination is conclusive as to all decided issues of

4-14  law and fact except to the extent the determination is modified.

4-15      Sec. 24. If a question of existence or exercise of jurisdiction

4-16  pursuant to the provisions of this chapter is raised in a child

4-17  custody proceeding, the question, upon request of a party, must be

4-18  given priority on the calendar and handled expeditiously.

4-19      Sec. 25. 1.  Notice required for the exercise of jurisdiction

4-20  when a person is outside this state may be given in a manner

4-21  prescribed by the law of this state for service of process or by the

4-22  law of the state in which the service is made. Notice must be given

4-23  in a manner reasonably calculated to give actual notice but may

4-24  be by publication if other means are not effective.

4-25      2.  Proof of service may be made in the manner prescribed by

4-26  the law of this state or by the law of the state in which the service

4-27  is made.

4-28      3.  Notice is not required for the exercise of jurisdiction with

4-29  respect to a person who submits to the jurisdiction of the court.

4-30      Sec. 26. 1.  A party to a child custody proceeding, including

4-31  a modification proceeding, or a petitioner or respondent in a

4-32  proceeding to enforce or register a child custody determination, is

4-33  not subject to personal jurisdiction in this state for another

4-34  proceeding or purpose solely by reason of having participated, or

4-35  of having been physically present for the purpose of participating,

4-36  in the proceeding.

4-37      2.  A person who is subject to personal jurisdiction in this

4-38  state on a basis other than physical presence is not immune from

4-39  service of process in this state. A party present in this state who is

4-40  subject to the jurisdiction of another state is not immune from

4-41  service of process allowable pursuant to the laws of that state.

4-42      3.  The immunity granted pursuant to subsection 1 does not

4-43  extend to civil litigation based on acts unrelated to the

4-44  participation in a proceeding conducted pursuant to the provisions

5-1  of this chapter committed by a natural person while present in this

5-2  state.

5-3  Sec. 27. 1.  A court of this state may communicate with a

5-4  court in another state concerning a proceeding arising pursuant to

5-5  the provisions of this chapter.

5-6  2.  The court may allow the parties to participate in the

5-7  communication. If the parties are not able to participate in the

5-8  communication, the parties must be given the opportunity to

5-9  present facts and legal arguments before a decision on jurisdiction

5-10  is made.

5-11      3.  Communication between courts concerning schedules,

5-12  calendars, court records and similar matters may occur without

5-13  informing the parties. A record need not be made of the

5-14  communication.

5-15      4.  Except as otherwise provided in subsection 3, a record

5-16  must be made of a communication pursuant to this section. The

5-17  parties must be informed promptly of the communication and

5-18  granted access to the record.

5-19      5.  For the purposes of this section, “record” means

5-20  information that is inscribed on a tangible medium or that is

5-21  stored in an electronic or other medium and is retrievable in

5-22  perceivable form.

5-23      Sec. 28. 1.  In addition to other procedures available to a

5-24  party, a party to a child custody proceeding may offer testimony of

5-25  witnesses who are located in another state, including testimony of

5-26  the parties and the child, by deposition or other means allowable

5-27  in this state for testimony taken in another state. The court on its

5-28  own motion may order that the testimony of a person be taken in

5-29  another state and may prescribe the manner in which and the

5-30  terms upon which the testimony is taken.

5-31      2.  A court of this state:

5-32      (a) May permit a natural person residing in another state to be

5-33  deposed or to testify by telephone, audiovisual means or other

5-34  electronic means before a designated court or at another location

5-35  in that state; and

5-36      (b) Shall cooperate with courts of other states in designating

5-37  an appropriate location for the deposition or testimony.

5-38      3.  Documentary evidence transmitted from another state to a

5-39  court of this state by technological means that do not produce an

5-40  original writing may not be excluded from evidence on an

5-41  objection based on the means of transmission.

5-42      Sec. 29.  1.  A court of this state may request the appropriate

5-43  court of another state to:

5-44      (a) Hold an evidentiary hearing;

6-1  (b) Order a person to produce or give evidence pursuant to

6-2  procedures of that state;

6-3  (c) Order that an evaluation be made with respect to the

6-4  custody of a child involved in a pending proceeding;

6-5  (d) Forward to the court of this state a certified copy of the

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

6-7  presented and any evaluation prepared in compliance with the

6-8  request; and

6-9  (e) Order a party to a child custody proceeding or any person

6-10  having physical custody of the child to appear in the proceeding

6-11  with or without the child.

6-12      2.  Upon request of a court of another state, a court of

6-13  this state may hold a hearing or enter an order described in

6-14  subsection 1.

6-15      3.  Travel and other necessary and reasonable expenses

6-16  incurred pursuant to subsections 1 and 2 may be assessed against

6-17  the parties according to the law of this state.

6-18      4.  A court of this state shall preserve the pleadings, orders,

6-19  decrees, records of hearings, evaluations and other pertinent

6-20  records with respect to a child custody proceeding until the child

6-21  attains 18 years of age. Upon appropriate request by a court or law

6-22  enforcement officer of another state, the court shall forward a

6-23  certified copy of those records.

6-24      Sec. 30. 1.  Except as otherwise provided in section 33 of

6-25  this act, a court of this state has jurisdiction to make an initial

6-26  child custody determination only if:

6-27      (a) This state is the home state of the child on the date of the

6-28  commencement of the proceeding or was the home state of

6-29  the child within six months before the commencement of the

6-30  proceeding and the child is absent from this state but a parent or

6-31  person acting as a parent continues to live in this state;

6-32      (b) A court of another state does not have jurisdiction

6-33  pursuant to paragraph (a) or a court of the home state of the child

6-34  has declined to exercise jurisdiction on the ground that this state is

6-35  the more appropriate forum pursuant to section 36 or 37 of this

6-36  act and:

6-37          (1) The child and the child’s parents, or the child and at

6-38  least one parent or a person acting as a parent, have a significant

6-39  connection with this state other than mere physical presence; and

6-40          (2) Substantial evidence is available in this state

6-41  concerning the child’s care, protection, training and personal

6-42  relationships;

6-43      (c) All courts having jurisdiction pursuant to paragraph (a) or

6-44  (b) have declined to exercise jurisdiction on the ground that a

7-1  court of this state is the more appropriate forum to determine the

7-2  custody of the child pursuant to section 36 or 37 of this act; or

7-3  (d) No court of any other state would have jurisdiction

7-4  pursuant to the criteria specified in paragraph (a), (b) or (c).

7-5  2.  Subsection 1 is the exclusive jurisdictional basis for

7-6  making a child custody determination by a court of this state.

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

7-8  or a child is not necessary or sufficient to make a child custody

7-9  determination.

7-10      Sec. 31. 1.  Except as otherwise provided in section 33 of

7-11  this act, a court of this state which has made a child custody

7-12  determination consistent with section 30 or 32 of this act has

7-13  exclusive, continuing jurisdiction over the determination until:

7-14      (a) A court of this state determines that the child, the child’s

7-15  parents and any person acting as a parent do not have a

7-16  significant connection with this state and that substantial evidence

7-17  is no longer available in this state concerning the child’s care,

7-18  protection, training and personal relationships; or

7-19      (b) A court of this state or a court of another state determines

7-20  that the child, the child’s parents and any person acting as a

7-21  parent do not presently reside in this state.

7-22      2.  A court of this state which has made a child custody

7-23  determination and does not have exclusive, continuing jurisdiction

7-24  pursuant to this section may modify that determination only if it

7-25  has jurisdiction to make an initial determination pursuant to

7-26  section 30 of this act.

7-27      Sec. 32. Except as otherwise provided in section 33 of this

7-28  act, a court of this state may not modify a child custody

7-29  determination made by a court of another state unless a court of

7-30  this state has jurisdiction to make an initial determination

7-31  pursuant to paragraph (a) or (b) of subsection 1 of section 30 of

7-32  this act and:

7-33      1.  The court of the other state determines it no longer has

7-34  exclusive, continuing jurisdiction pursuant to section 31 of this act

7-35  or that a court of this state would be a more convenient forum

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

7-37      2.  A court of this state or a court of the other state determines

7-38  that the child, the child’s parents and any person acting as a

7-39  parent do not presently reside in the other state.

7-40      Sec. 33. 1.  A court of this state has temporary emergency

7-41  jurisdiction if the child is present in this state and the child has

7-42  been abandoned or it is necessary in an emergency to protect the

7-43  child because the child, or a sibling or parent of the child, is

7-44  subjected to or threatened with mistreatment or abuse.

8-1  2.  If there is no previous child custody determination that is

8-2  entitled to be enforced pursuant to the provisions of this chapter

8-3  and a child custody proceeding has not been commenced in a

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

8-5  32 of this act, a child custody determination made pursuant to this

8-6  section remains in effect until an order is obtained from a court of

8-7  a state having jurisdiction pursuant to sections 30, 31 and 32 of

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

8-9  commenced in a court of a state having jurisdiction pursuant to

8-10  sections 30, 31 and 32 of this act, a child custody determination

8-11  made pursuant to this section becomes a final determination, if it

8-12  so provides, and this state becomes the home state of the child.

8-13      3.  If there is a previous child custody determination that is

8-14  entitled to be enforced pursuant to the provisions of this chapter,

8-15  or a child custody proceeding has been commenced in a court of a

8-16  state having jurisdiction pursuant to sections 30, 31 and 32 of this

8-17  act, any order issued by a court of this state pursuant to this

8-18  section must specify in the order a period that the court considers

8-19  adequate to allow the person seeking an order to obtain an order

8-20  from the state having jurisdiction pursuant to sections 30, 31 and

8-21  32 of this act. The order issued in this state remains in effect until

8-22  an order is obtained from the other state within the period

8-23  specified or the period expires.

8-24      4.  A court of this state which has been asked to make a child

8-25  custody determination pursuant to this section, upon being

8-26  informed that a child custody proceeding has been commenced in,

8-27  or a child custody determination has been made by, a court of a

8-28  state having jurisdiction pursuant to sections 30, 31 and 32 of this

8-29  act, shall immediately communicate with the other court. A court

8-30  of this state which is exercising jurisdiction pursuant to sections

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

8-32  proceeding has been commenced in, or a child custody

8-33  determination has been made by, a court of another state pursuant

8-34  to a statute similar to this section shall immediately communicate

8-35  with the court of that state to resolve the emergency, protect the

8-36  safety of the parties and the child, and determine a period for the

8-37  duration of the temporary order.

8-38      Sec. 34.  1.  Before a child custody determination is made

8-39  pursuant to the provisions of this chapter, notice and an

8-40  opportunity to be heard in accordance with the standards of

8-41  section 25 of this act must be given to all persons entitled to notice

8-42  pursuant to the law of this state as in child custody proceedings

8-43  between residents of this state, any parent whose parental rights

8-44  have not been previously terminated and any person having

8-45  physical custody of the child.

9-1  2.  The provisions of this chapter do not govern the

9-2  enforceability of a child custody determination made without

9-3  notice or an opportunity to be heard.

9-4  3.  The obligation to join a party and the right to intervene as

9-5  a party in a child custody proceeding conducted pursuant to the

9-6  provisions of this chapter are governed by the law of this state as

9-7  in child custody proceedings between residents of this state.

9-8  Sec. 35.  1.  Except as otherwise provided in section 33 of

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

9-10  pursuant to sections 30 to 39, inclusive, of this act if, at the time of

9-11  the commencement of the proceeding, a proceeding concerning

9-12  the custody of the child has been commenced in a court of another

9-13  state having jurisdiction substantially in conformity with the

9-14  provisions of this chapter, unless the proceeding has been

9-15  terminated or is stayed by the court of the other state because a

9-16  court of this state is a more convenient forum pursuant to section

9-17  36 of this act.

9-18      2.  Except as otherwise provided in section 33 of this act, a

9-19  court of this state, before hearing a child custody proceeding, shall

9-20  examine the court documents and other information supplied by

9-21  the parties pursuant to section 38 of this act. If the court

9-22  determines that a child custody proceeding has been commenced

9-23  in a court in another state having jurisdiction substantially in

9-24  accordance with the provisions of this chapter, the court of this

9-25  state shall stay its proceeding and communicate with the court of

9-26  the other state. If the court of the state having jurisdiction

9-27  substantially in accordance with the provisions of this chapter

9-28  does not determine that the court of this state is a more

9-29  appropriate forum, the court of this state shall dismiss the

9-30  proceeding.

9-31      3.  In a proceeding to modify a child custody determination, a

9-32  court of this state shall determine whether a proceeding to enforce

9-33  the determination has been commenced in another state. If a

9-34  proceeding to enforce a child custody determination has been

9-35  commenced in another state, the court may:

9-36      (a) Stay the proceeding for modification pending the entry of

9-37  an order of a court of the other state enforcing, staying, denying

9-38  or dismissing the proceeding for enforcement;

9-39      (b) Enjoin the parties from continuing with the proceeding for

9-40  enforcement; or

9-41      (c) Proceed with the modification under conditions it considers

9-42  appropriate.

9-43      Sec. 36.  1.  A court of this state which has jurisdiction

9-44  pursuant to the provisions of this chapter to make a child custody

9-45  determination may decline to exercise its jurisdiction at any time if

10-1  it determines that it is an inconvenient forum under the

10-2  circumstances and that a court of another state is a more

10-3  appropriate forum. The issue of inconvenient forum may be raised

10-4  upon motion of a party, the court’s own motion or request of

10-5  another court.

10-6      2.  Before determining whether it is an inconvenient forum, a

10-7  court of this state shall consider whether it is appropriate for a

10-8  court of another state to exercise jurisdiction. For this purpose,

10-9  the court shall allow the parties to submit information and shall

10-10  consider all relevant factors, including:

10-11     (a) Whether domestic violence has occurred and is likely to

10-12  continue in the future and which state could best protect the

10-13  parties and the child;

10-14     (b) The length of time the child has resided outside this state;

10-15     (c) The distance between the court in this state and the court in

10-16  the state that would assume jurisdiction;

10-17     (d) The relative financial circumstances of the parties;

10-18     (e) Any agreement of the parties as to which state should

10-19  assume jurisdiction;

10-20     (f) The nature and location of the evidence required to resolve

10-21  the pending litigation, including testimony of the child;

10-22     (g) The ability of the court of each state to decide the issue

10-23  expeditiously and the procedures necessary to present the

10-24  evidence; and

10-25     (h) The familiarity of the court of each state with the facts and

10-26  issues in the pending litigation.

10-27     3.  If a court of this state determines that it is an inconvenient

10-28  forum and that a court of another state is a more appropriate

10-29  forum, it shall stay the proceedings upon condition that a child

10-30  custody proceeding be promptly commenced in another designated

10-31  state and may impose any other condition the court considers just

10-32  and proper.

10-33     4.  A court of this state may decline to exercise its jurisdiction

10-34  pursuant to the provisions of this chapter if a child custody

10-35  determination is incidental to an action for divorce or another

10-36  proceeding while still retaining jurisdiction over the divorce or

10-37  other proceeding.

10-38     Sec. 37. 1.  Except as otherwise provided in section 33 of

10-39  this act or by other state law, if a court of this state has jurisdiction

10-40  pursuant to the provisions of this chapter because a person

10-41  seeking to invoke its jurisdiction has engaged in unjustifiable

10-42  conduct, the court shall decline to exercise its jurisdiction unless:

10-43     (a) The parents and all persons acting as parents have

10-44  acquiesced in the exercise of jurisdiction;

11-1      (b) A court of the state otherwise having jurisdiction pursuant

11-2  to sections 30, 31 and 32 of this act determines that this state is a

11-3  more appropriate forum pursuant to section 36 of this act; or

11-4      (c) No court of any other state would have jurisdiction

11-5  pursuant to the criteria specified in sections 30, 31 and 32 of this

11-6  act.

11-7      2.  If a court of this state declines to exercise its jurisdiction

11-8  pursuant to subsection 1, it may fashion an appropriate remedy to

11-9  ensure the safety of the child and prevent a repetition of the

11-10  unjustifiable conduct, including staying the proceeding until a

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

11-12  jurisdiction pursuant to sections 30, 31 and 32 of this act.

11-13     3.  If a court dismisses a petition or stays a proceeding

11-14  because it declines to exercise its jurisdiction pursuant to

11-15  subsection 1, it shall assess against the party seeking to invoke its

11-16  jurisdiction necessary and reasonable expenses including costs,

11-17  communication expenses, attorney’s fees, investigative fees,

11-18  expenses for witnesses, travel expenses and child care during the

11-19  course of the proceedings, unless the party from whom fees are

11-20  sought establishes that the assessment would be clearly

11-21  inappropriate. The court may not assess fees, costs or expenses

11-22  against this state unless authorized by law other than the

11-23  provisions of this chapter.

11-24     Sec. 38. 1.  Except as otherwise provided by state law, in a

11-25  child custody proceeding, each party, in its first pleading or in an

11-26  attached affidavit, shall give information, if reasonably

11-27  ascertainable, under oath as to the child’s present address or

11-28  whereabouts, the places where the child has lived during the last

11-29  five years, and the names and present addresses of the persons

11-30  with whom the child has lived during that period. The pleading or

11-31  affidavit must state whether the party:

11-32     (a) Has participated, as a party or witness or in any other

11-33  capacity, in any other proceeding concerning the custody of or

11-34  visitation with the child and, if so, identify the court, the case

11-35  number and the date of the child custody determination, if any;

11-36     (b) Knows of any proceeding that could affect the current

11-37  proceeding, including proceedings for enforcement and

11-38  proceedings relating to domestic violence, protective orders,

11-39  termination of parental rights and adoptions and, if so, identify the

11-40  court, the case number and the nature of the proceeding; and

11-41     (c) Knows the names and addresses of any person not a party

11-42  to the proceeding who has physical custody of the child or claims

11-43  rights of legal custody or physical custody of, or visitation with,

11-44  the child and, if so, the names and addresses of those persons.

12-1      2.  If the information required by subsection 1 is not

12-2  furnished, the court, upon motion of a party or its own motion,

12-3  may stay the proceeding until the information is furnished.

12-4      3.  If the declaration as to any of the items described in

12-5  paragraphs (a), (b) and (c) of subsection 1 is in the affirmative, the

12-6  declarant shall give additional information under oath as required

12-7  by the court. The court may examine the parties under oath as to

12-8  details of the information furnished and other matters pertinent to

12-9  the court’s jurisdiction and the disposition of the case.

12-10     4.  Each party has a continuing duty to inform the court of

12-11  any proceeding in this or any other state that could affect the

12-12  current proceeding.

12-13     5.  If a party alleges in an affidavit or a pleading under oath

12-14  that the health, safety or liberty of a party or child would be

12-15  jeopardized by disclosure of identifying information, the

12-16  information must be sealed and may not be disclosed to the other

12-17  party or the public unless the court orders the disclosure to be

12-18  made after a hearing in which the court takes into consideration

12-19  the health, safety or liberty of the party or child and determines

12-20  that the disclosure is in the interest of justice.

12-21     Sec. 39. 1.  In a child custody proceeding in this state, the

12-22  court may order a party to the proceeding who is in this state to

12-23  appear before the court in person with or without the child. The

12-24  court may order any person who is in this state and who has

12-25  physical custody or control of the child to appear in person with

12-26  the child.

12-27     2.  If a party to a child custody proceeding whose presence is

12-28  desired by the court is outside this state, the court may order that a

12-29  notice given pursuant to section 25 of this act include a statement

12-30  directing the party to appear in person with or without the child

12-31  and informing the party that failure to appear may result in a

12-32  decision adverse to the party.

12-33     3.  The court may enter any orders necessary to ensure the

12-34  safety of the child and of any person ordered to appear pursuant to

12-35  this section.

12-36     4.  If a party to a child custody proceeding who is outside this

12-37  state is directed to appear pursuant to subsection 2 or desires to

12-38  appear personally before the court with or without the child, the

12-39  court may require another party to pay reasonable and necessary

12-40  travel and other expenses of the party so appearing and of the

12-41  child.

12-42     Sec. 40.  As used in sections 40 to 58, inclusive, of this act,

12-43  unless the context otherwise requires, the words and terms defined

12-44  in sections 41 and 42 of this act have the meanings ascribed to

12-45  them in those sections.

13-1      Sec. 41. “Petitioner” means a person who seeks enforcement

13-2  of an order for return of a child pursuant to the Hague

13-3  Convention on the Civil Aspects of International Child Abduction

13-4  or enforcement of a child custody determination.

13-5      Sec. 42. “Respondent” means a person against whom a

13-6  proceeding has been commenced for enforcement of an order for

13-7  return of a child pursuant to the Hague Convention on the Civil

13-8  Aspects of International Child Abduction or enforcement of a

13-9  child custody determination.

13-10     Sec. 43. Pursuant to sections 40 to 58, inclusive, of this act, a

13-11  court of this state may enforce an order for the return of a child

13-12  made pursuant to the Hague Convention on the Civil Aspects of

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

13-14  determination.

13-15     Sec. 44. 1.  A court of this state shall recognize and enforce

13-16  a child custody determination of a court of another state if the

13-17  latter court exercised jurisdiction in substantial conformity with

13-18  the provisions of this chapter or the determination was made

13-19  under factual circumstances meeting the jurisdictional standards

13-20  of the provisions of this chapter and the determination has not

13-21  been modified in accordance with the provisions of this chapter.

13-22     2.  A court of this state may utilize any remedy available

13-23  pursuant to other law of this state to enforce a child custody

13-24  determination made by a court of another state. The remedies

13-25  provided pursuant to sections 40 to 58, inclusive, of this act are

13-26  cumulative and do not affect the availability of other remedies to

13-27  enforce a child custody determination.

13-28     Sec. 45. 1.  A court of this state which does not have

13-29  jurisdiction to modify a child custody determination, may issue a

13-30  temporary order enforcing:

13-31     (a) A visitation schedule made by a court of another state; or

13-32     (b) The visitation provisions of a child custody determination

13-33  of another state that does not provide for a specific visitation

13-34  schedule.

13-35     2.  If a court of this state makes an order pursuant to

13-36  paragraph (b) of subsection 1, it shall specify in the order a period

13-37  that it considers adequate to allow the petitioner to obtain an order

13-38  from a court having jurisdiction pursuant to the criteria specified

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

13-40  effect until an order is obtained from the other court or the period

13-41  expires.

13-42     Sec. 46. 1.  A child custody determination issued by a court

13-43  of another state may be registered in this state, with or without a

13-44  simultaneous request for enforcement, by sending to a court of

13-45  this state which is competent to hear custody matters:

14-1      (a) A letter or other document requesting registration;

14-2      (b) Two copies, including one certified copy, of the

14-3  determination sought to be registered, and a statement under

14-4  penalty of perjury that to the best of the knowledge and belief of

14-5  the person seeking registration the order has not been modified;

14-6  and

14-7      (c) Except as otherwise provided in section 38 of this act, the

14-8  name and address of the person seeking registration and any

14-9  parent or person acting as a parent who has been awarded custody

14-10  or visitation in the child custody determination sought to be

14-11  registered.

14-12     2.  On receipt of the documents required by subsection 1, the

14-13  registering court shall:

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

14-15  together with one copy of any accompanying documents and

14-16  information, regardless of their form; and

14-17     (b) Serve notice upon the persons named pursuant to

14-18  paragraph (c) of subsection 1 and provide them with an

14-19  opportunity to contest the registration in accordance with this

14-20  section.

14-21     3.  The notice required by paragraph (b) of subsection 2 must

14-22  state that:

14-23     (a) A registered determination is enforceable as of the date of

14-24  the registration in the same manner as a determination issued by a

14-25  court of this state;

14-26     (b) A hearing to contest the validity of the registered

14-27  determination must be requested within 20 days after service of

14-28  notice; and

14-29     (c) Failure to contest the registration will result in

14-30  confirmation of the child custody determination and preclude

14-31  further contest of that determination with respect to any matter

14-32  that could have been asserted.

14-33     4.  A person seeking to contest the validity of a registered

14-34  order must request a hearing within 20 days after service of the

14-35  notice. At that hearing, the court shall confirm the registered

14-36  order unless the person contesting registration establishes that:

14-37     (a) The issuing court did not have jurisdiction pursuant to

14-38  sections 30 to 39, inclusive, of this act;

14-39     (b) The child custody determination sought to be registered

14-40  has been vacated, stayed or modified by a court having jurisdiction

14-41  to do so pursuant to sections 30 to 39, inclusive, of this act; or

14-42     (c) The person contesting registration was entitled to notice,

14-43  but notice was not given in accordance with the standards of

14-44  section 25 of this act, in the proceedings before the court that

14-45  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      7.  The provisions of this section do not apply to an order for

15-10  protection against domestic violence issued by the court of another

15-11  state, territory or Indian tribe within the United States which is

15-12  registered pursuant to NRS 33.090.

15-13     Sec. 47. 1.  A court of this state may grant any relief

15-14  normally available pursuant to the law of this state to enforce a

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

15-16  state.

15-17     2.  A court of this state shall recognize and enforce, but may

15-18  not modify, except in accordance with sections 30 to 39, inclusive,

15-19  of this act, a registered child custody determination of a court of

15-20  another state.

15-21     Sec. 48. 1.  If a proceeding for enforcement pursuant to the

15-22  provisions of sections 40 to 58, inclusive, of this act is commenced

15-23  in a court of this state and the court determines that a proceeding

15-24  to modify the determination is pending in a court of another state

15-25  having jurisdiction to modify the determination pursuant to

15-26  sections 30 to 39, inclusive, of this act, the enforcing court shall

15-27  immediately communicate with the modifying court.

15-28     2.  The proceeding for enforcement continues unless the

15-29  enforcing court, after consultation with the modifying court, stays

15-30  or dismisses the proceeding.

15-31     Sec. 49. 1.  A petition pursuant to sections 40 to 58,

15-32  inclusive, of this act must be verified. Certified copies of all orders

15-33  sought to be enforced and of any order confirming registration

15-34  must be attached to the petition. A copy of a certified copy of an

15-35  order may be attached instead of the original.

15-36     2.  A petition for enforcement of a child custody determination

15-37  must state:

15-38     (a) Whether the court that issued the determination identified

15-39  the jurisdictional basis it relied upon in exercising jurisdiction

15-40  and, if so, what the basis was;

15-41     (b) Whether the determination for which enforcement is

15-42  sought has been vacated, stayed or modified by a court whose

15-43  decision must be enforced pursuant to the provisions of this

15-44  chapter and, if so, identify the court, the case number and the

15-45  nature of the proceeding;

16-1      (c) Whether any proceeding has been commenced that could

16-2  affect the current proceeding, including proceedings relating to

16-3  domestic violence, protective orders, termination of parental rights

16-4  and adoptions and, if so, identify the court, the case number and

16-5  the nature of the proceeding;

16-6      (d) The present physical address of the child and the

16-7  respondent, if known;

16-8      (e) Whether relief in addition to the immediate physical

16-9  custody of the child and attorney’s fees is sought, including a

16-10  request for assistance from law enforcement officers and, if so, the

16-11  relief sought; and

16-12     (f) If the child custody determination has been registered and

16-13  confirmed pursuant to section 46 of this act, the date and place of

16-14  registration.

16-15     3.  Upon the filing of a petition, the court shall issue an order

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

16-17  child at a hearing and may enter any order necessary to ensure the

16-18  safety of the parties and the child. The hearing must be held on

16-19  the next judicial day after service of the order unless that date is

16-20  impossible. If that date is impossible, the court shall hold the

16-21  hearing on the first judicial day possible. The court may extend

16-22  the date of the hearing at the request of the petitioner.

16-23     4.  An order issued pursuant to subsection 3 must state the

16-24  time and place of the hearing and advise the respondent that at the

16-25  hearing the court will order that the petitioner may take immediate

16-26  physical custody of the child and the payment of fees, costs and

16-27  expenses pursuant to section 53 of this act, and may schedule a

16-28  hearing to determine whether further relief is appropriate, unless

16-29  the respondent appears and establishes that:

16-30     (a) The child custody determination has not been registered

16-31  and confirmed pursuant to section 46 of this act and that:

16-32         (1) The issuing court did not have jurisdiction pursuant to

16-33  sections 30 to 39, inclusive, of this act;

16-34         (2) The child custody determination for which enforcement

16-35  is sought has been vacated, stayed or modified by a court having

16-36  jurisdiction to do so pursuant to sections 30 to 39, inclusive, of this

16-37  act;

16-38         (3) The respondent was entitled to notice, but notice was

16-39  not given in accordance with the standards of section 25 of this

16-40  act, in the proceedings before the court that issued the order for

16-41  which enforcement is sought; or

16-42     (b) The child custody determination for which enforcement is

16-43  sought was registered and confirmed pursuant to section 45 of this

16-44  act, but has been vacated, stayed or modified by a court of a state

17-1  having jurisdiction to do so pursuant to sections 30 to 39,

17-2  inclusive, of this act.

17-3      Sec. 50. Except as otherwise provided in section 52 of this

17-4  act, the petition and order must be served, by any method

17-5  authorized by state law, upon respondent and any person who has

17-6  physical custody of the child.

17-7      Sec. 51. 1.  Unless the court issues a temporary emergency

17-8  order pursuant to section 33 of this act, upon a finding that a

17-9  petitioner is entitled to immediate physical custody of the child, the

17-10  court shall order that the petitioner may take immediate physical

17-11  custody of the child unless the respondent establishes that:

17-12     (a) The child custody determination has not been registered

17-13  and confirmed pursuant to section 46 of this act and that:

17-14         (1) the issuing court did not have jurisdiction pursuant to

17-15  sections 30 to 39, inclusive, of this act;

17-16         (2) The child custody determination for which enforcement

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

17-18  having jurisdiction to do so pursuant to sections 30 to 39,

17-19  inclusive, of this act; or

17-20         (3) The respondent was entitled to notice, but notice was

17-21  not given in accordance with the standards of section 25 of this

17-22  act, in the proceedings before the court that issued the order for

17-23  which enforcement is sought; or

17-24     (b) The child custody determination for which enforcement is

17-25  sought was registered and confirmed pursuant to section 46 of this

17-26  act but has been vacated, stayed or modified by a court of a state

17-27  having jurisdiction to do so pursuant to sections 30 to 39,

17-28  inclusive, of this act.

17-29     2.  The court shall award the fees, costs and expenses

17-30  authorized pursuant to section 53 of this act and may grant

17-31  additional relief, including a request for the assistance of law

17-32  enforcement officers, and set a further hearing to determine

17-33  whether additional relief is appropriate.

17-34     3.  If a party called to testify refuses to answer on the ground

17-35  that the testimony may be self-incriminating, the court may draw

17-36  an adverse inference from the refusal.

17-37     4.  A privilege against disclosure of communications between

17-38  spouses and a defense of immunity based on the relationship of

17-39  husband and wife or parent and child may not be invoked in a

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

17-41  this act.

17-42     Sec. 52. 1.  Upon the filing of a petition seeking

17-43  enforcement of a child custody determination, the petitioner may

17-44  file a verified application for the issuance of a warrant to take

18-1  physical custody of the child if the child is immediately likely to

18-2  suffer serious physical harm or to be removed from this state.

18-3      2.  If the court, upon the testimony of the petitioner or other

18-4  witness, finds that the child is immediately likely to suffer serious

18-5  physical harm or to be removed from this state, it may issue a

18-6  warrant to take physical custody of the child. The petition must be

18-7  heard on the next judicial day after the warrant is executed unless

18-8  that date is impossible. If that date is impossible, the court shall

18-9  hold the hearing on the first judicial day possible. The application

18-10  for the warrant must include the statements required by subsection

18-11  2 of section 49 of this act.

18-12     3.  A warrant to take physical custody of a child must:

18-13     (a) Recite the facts upon which the conclusion that the child is

18-14  immediately likely to suffer serious physical harm or to be

18-15  removed from this state is based;

18-16     (b) Direct law enforcement officers to take physical custody of

18-17  the child immediately; and

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

18-19     4.  The respondent must be served with the petition, warrant

18-20  and order immediately after the child is taken into physical

18-21  custody.

18-22     5.  A warrant to take physical custody of a child is enforceable

18-23  throughout this state. If the court finds on the basis of the

18-24  testimony of the petitioner or other witness that a less intrusive

18-25  remedy is not effective, it may authorize law enforcement officers

18-26  to enter private property to take physical custody of the child. If

18-27  required by exigent circumstances of the case, the court may

18-28  authorize law enforcement officers to make a forcible entry at any

18-29  hour.

18-30     6.  The court may impose conditions upon placement of a

18-31  child to ensure the appearance of the child and the child’s

18-32  custodian.

18-33     Sec. 53.  1.  The court shall award the prevailing party,

18-34  including a state, necessary and reasonable expenses incurred by

18-35  or on behalf of the party, including costs, communication

18-36  expenses, attorney’s fees, investigative fees, expenses for

18-37  witnesses, travel expenses and child care during the course of the

18-38  proceedings, unless the party from whom fees or expenses are

18-39  sought establishes that the award would be clearly inappropriate.

18-40     2.  The court may not assess fees, costs or expenses against a

18-41  state unless authorized by law other than the provisions of this

18-42  chapter.

18-43     Sec. 54.  A court of this state shall accord full faith and credit

18-44  to an order issued by another state and consistent with the

18-45  provisions of this chapter which enforces a child custody

19-1  determination by a court of another state unless the order has

19-2  been vacated, stayed or modified by a court having jurisdiction to

19-3  do so pursuant to sections 30 to 39, inclusive, of this act.

19-4      Sec. 55.  1.  An appeal may be taken from a final order in a

19-5  proceeding conducted pursuant to the provisions of sections 40 to

19-6  58, inclusive, of this act in the same manner as appeals in other

19-7  civil cases are taken.

19-8      2.  To the extent consistent with the Nevada Rules of

19-9  Appellate Procedure, the Supreme Court shall expedite an appeal

19-10  brought pursuant to this section.

19-11     3.  Unless the court enters a temporary emergency order

19-12  pursuant to section 34 of this act, the enforcing court may not stay

19-13  an order enforcing a child custody determination pending appeal.

19-14     Sec. 56.  1.  In a case arising pursuant to the provisions of

19-15  this chapter or involving the Hague Convention on the Civil

19-16  Aspects of International Child Abduction, a district attorney or the

19-17  Attorney General may take any lawful action, including resort to a

19-18  proceeding brought pursuant to sections 40 to 58, inclusive, of this

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

19-20  the return of a child or enforce a child custody determination if

19-21  there is:

19-22     (a) An existing child custody determination;

19-23     (b) A request to do so from a court in a pending child custody

19-24  proceeding;

19-25     (c) A reasonable belief that a criminal statute has been

19-26  violated; or

19-27     (d) A reasonable belief that the child has been wrongfully

19-28  removed or retained in violation of the Hague Convention on the

19-29  Civil Aspects of International Child Abduction.

19-30     2.  A district attorney or the Attorney General acting pursuant

19-31  to this section acts on behalf of the court and may not represent

19-32  any party.

19-33     Sec. 57.  At the request of a district attorney or the Attorney

19-34  General acting pursuant to section 56 of this act, a law

19-35  enforcement officer may take any lawful action reasonably

19-36  necessary to locate a child or a party and assist the district

19-37  attorney or the Attorney General with responsibilities pursuant to

19-38  section 56 of this act.

19-39     Sec. 58.  If the respondent is not the prevailing party, the

19-40  court may assess against the respondent all direct expenses and

19-41  costs incurred by a district attorney or the Attorney General and

19-42  law enforcement officers pursuant to section 56 or 57 of this act.

19-43     Sec. 59.  In applying and construing the Uniform Child

19-44  Custody Jurisdiction and Enforcement Act, consideration must be

20-1  given to the need to promote uniformity of the law with respect to

20-2  its subject matter among states that enact it.

20-3      Sec. 60.  NRS 125.470 is hereby amended to read as follows:

20-4      125.470  1.  If, during any proceeding brought under this

20-5  chapter, either before or after the entry of a final order concerning

20-6  the custody of a minor child, it appears to the court that any minor

20-7  child of either party has been, or is likely to be, taken or removed

20-8  out of this state or concealed within this state, the court shall

20-9  forthwith order such child to be produced before it and make such

20-10  disposition of the child’s custody as appears most advantageous to

20-11  and in the best interest of the child and most likely to secure to him

20-12  the benefit of the final order or the modification or termination of

20-13  the final order to be made in his behalf.

20-14     2.  If, during any proceeding brought under this chapter, either

20-15  before or after the entry of a final order concerning the custody of a

20-16  minor child, the court finds that it would be in the best interest of the

20-17  minor child, the court may enter an order providing that a party

20-18  may, with the assistance of the appropriate law enforcement agency,

20-19  obtain physical custody of the child from the party having physical

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

20-21  physical custody of the child, the child must be produced before the

20-22  court as soon as practicable to allow the court to make such

20-23  disposition of the child’s custody as appears most advantageous to

20-24  and in the best interest of the child and most likely to secure to him

20-25  the benefit of the final order or the modification or termination of

20-26  the final order to be made in his behalf.

20-27     3.  If the court enters an order pursuant to subsection 2

20-28  providing that a party may obtain physical custody of a child, the

20-29  court shall order that party to give the party having physical custody

20-30  of the child notice at least 24 hours before the time at which he

20-31  intends to obtain physical custody of the child, unless the court

20-32  deems that requiring the notice would likely defeat the purpose of

20-33  the order.

20-34     4.  All orders for a party to appear with a child issued pursuant

20-35  to this section may be enforced [as provided by subsection 2 of NRS

20-36  125A.140.] by issuing a warrant of arrest against that party to

20-37  secure his appearance with the child.

20-38     5.  A proceeding under this section must be given priority on

20-39  the court calendar.

20-40     Sec. 61.  NRS 200.359 is hereby amended to read as follows:

20-41     200.359  1.  A person having a limited right of custody to a

20-42  child by operation of law or pursuant to an order, judgment or

20-43  decree of any court, including a judgment or decree which grants

20-44  another person rights to custody or visitation of the child, or any

20-45  parent having no right of custody to the child, who:

21-1      (a) In violation of an order, judgment or decree of any court

21-2  willfully detains, conceals or removes the child from a parent,

21-3  guardian or other person having lawful custody or a right of

21-4  visitation of the child; or

21-5      (b) In the case of an order, judgment or decree of any court that

21-6  does not specify when the right to physical custody or visitation is to

21-7  be exercised, removes the child from the jurisdiction of the court

21-8  without the consent of either the court or all persons who have the

21-9  right to custody or visitation,

21-10  is guilty of a category D felony and shall be punished as provided in

21-11  NRS 193.130.

21-12     2.  A parent who has joint legal custody of a child pursuant to

21-13  NRS 125.465 shall not willfully conceal or remove the child from

21-14  the custody of the other parent with the specific intent to deprive the

21-15  other parent of the parent and child relationship. A person

21-16  who violates this subsection shall be punished as provided in

21-17  subsection 1.

21-18     3.  If the mother of a child has primary physical custody

21-19  pursuant to subsection 2 of NRS 126.031, the father of the child

21-20  shall not willfully conceal or remove the child from the physical

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

21-22  custody pursuant to subsection 2 of NRS 126.031, the mother of the

21-23  child shall not willfully conceal or remove the child from the

21-24  physical custody of the father. A person who violates this subsection

21-25  shall be punished as provided in subsection 1.

21-26     4.  Before an arrest warrant may be issued for a violation of this

21-27  section, the court must find that:

21-28     (a) This is the home state of the child, as defined in [subsection

21-29  5 of NRS 125A.040;] section 10 of this act; and

21-30     (b) There is cause to believe that the entry of a court order in a

21-31  civil proceeding brought pursuant to chapter 125, 125A or 125C of

21-32  NRS will not be effective to enforce the rights of the parties and

21-33  would not be in the best interests of the child.

21-34     5.  Upon conviction for a violation of this section, the court

21-35  shall order the defendant to pay restitution for any expenses incurred

21-36  in locating or recovering the child.

21-37     6.  The prosecuting attorney may recommend to the judge that

21-38  the defendant be sentenced as for a misdemeanor and the judge may

21-39  impose such a sentence if he finds that:

21-40     (a) The defendant has no prior conviction for this offense and

21-41  the child has suffered no substantial harm as a result of the offense;

21-42  or

21-43     (b) The interests of justice require that the defendant be

21-44  punished as for a misdemeanor.

22-1      7.  A person who aids or abets any other person to violate this

22-2  section shall be punished as provided in subsection 1.

22-3      8.  This section does not apply to a person who detains,

22-4  conceals or removes a child to protect the child from the imminent

22-5  danger of abuse or neglect or to protect himself from imminent

22-6  physical harm, and reported the detention, concealment or removal

22-7  to a law enforcement agency or an agency which provides child

22-8  welfare services within 24 hours after detaining, concealing or

22-9  removing the child, or as soon as the circumstances allowed. As

22-10  used in this subsection:

22-11     (a) “Abuse or neglect” has the meaning ascribed to it in

22-12  paragraph (a) of subsection 4 of NRS 200.508.

22-13     (b) “Agency which provides child welfare services” has the

22-14  meaning ascribed to it in NRS 432B.030.

22-15     Sec. 62.  A motion or other request for relief made in a child

22-16  custody proceeding or to enforce a child custody determination

22-17  which was commenced before October 1, 2003, is governed by the

22-18  law in effect at the time the motion or other request was made.

22-19     Sec. 63.  NRS 125A.010, 125A.020, 125A.030, 125A.040,

22-20  125A.050, 125A.060, 125A.070, 125A.080, 125A.090, 125A.100,

22-21  125A.110, 125A.120, 125A.130, 125A.140, 125A.150, 125A.160,

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

22-23  125A.230, 125A.240 and 125A.250 are hereby repealed.

 

22-24  LEADLINES OF REPEALED SECTIONS

 

22-25     125A.010  Short title.

22-26     125A.020  Purposes of chapter.

22-27     125A.030  Application of chapter to decrees of other

22-28  nations.

22-29     125A.040  Definitions.

22-30     125A.050  Jurisdiction.  

22-31     125A.060  Exercise of jurisdiction: When custody

22-32  proceedings pending in other states.

22-33     125A.070  Exercise of jurisdiction: When forum

22-34  inappropriate.

22-35     125A.080  Exercise of jurisdiction: When petitioner acts

22-36  wrongfully.

22-37     125A.090  Exercise of jurisdiction: Notice and opportunity

22-38  to be heard.

22-39     125A.100  Notice to persons outside Nevada.

22-40     125A.110  Priority of issues concerning jurisdiction.

23-1      125A.120  Information required with initial pleading;

23-2  exceptions.

23-3      125A.130  Joinder of additional parties.

23-4      125A.140  Appearance of parties.

23-5      125A.150  Effect of decree upon parties.

23-6      125A.160  Certification of copies of decree.

23-7      125A.170  Recognition of foreign decrees.

23-8      125A.180  Modification of foreign decrees.

23-9      125A.190  Filing and enforcement of foreign decrees.

23-10     125A.200  Registry of foreign decrees, communications and

23-11  other documents; assignment of case number, docket and

23-12  department to foreign decrees; proof of registration of foreign

23-13  decree; fee for registration.

23-14     125A.210  Examination of witnesses outside Nevada.

23-15     125A.220  Assistance by courts of other states.

23-16     125A.230  Assistance to courts of other states.

23-17     125A.240  Preservation of documents for use in other states.

23-18     125A.250  Request for court records and documents of

23-19  another state.

 

23-20  H