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If you have concerns about the safety of your child and concerns about the other parent regarding a possible child abduction you need to speak to a qualified attorney immediately to help you to try to prevent this from occuring. You have a right to seek a child custody determination for the child if none is in place. If the court finds that the evidence establishes a credible risk of abduction of the child, the court on its own motion may order abduction prevention measures in a child custody proceeding. The Nevada Legislature Statues state that you may file a petition seeking abduction prevention measures to protect the child pursuant to the provisions of chapter 125D, shown below. A district attorney or the Attorney General acting may seek a warrant to take physical custody of a child or other appropriate abduction prevention measures. A court of this State has temporary emergency jurisdiction if the court finds a credible risk of abduction. At McFarling Law Group, our family law attorneys are experienced in dealing with the Clark County Courts on all family law issues, including parental abduction. If you would like to schedule a consultation with one of our attorneys in the Las Vegas, Nevada area, call our office at 702.565.4335. If you do not need a consultation we can set-up an immediate client intake. Nevada State Legislature Child Abduction Prevention Measures: NRS 125D.150 Orders and petitions. 1. A court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. 2. A party to a child custody determination or another individual or entity having a right pursuant to the law of this State or any other state to seek a child custody determination for the child may file a petition seeking abduction prevention measures to protect the child pursuant to the provisions of this chapter. 3. A district attorney or the Attorney General acting pursuant to NRS 125A.565 may seek a warrant to take physical custody of a child pursuant to NRS 125D.200 or other appropriate abduction prevention measures. NRS 125D.160 Jurisdiction. 1. A petition pursuant to the provisions of this chapter may be filed only in a court that has jurisdiction to make a child custody determination with respect to the child at issue pursuant to the provisions of chapter 125A of NRS. 2. A court of this State has temporary emergency jurisdiction pursuant to NRS 125A.335 if the court finds a credible risk of abduction. NRS 125D.180 Evidence considered in determining credible risk of abduction. 1. In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: (a) Has previously abducted or attempted to abduct the child; (b) Has threatened to abduct the child; (c) Has recently engaged in activities that may indicate a planned abduction, including: (1) Abandoning employment; (2) Selling a primary residence; (3) Terminating a lease; (4) Closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities; (5) Applying for a passport or visa or obtaining travel documents for the respondent, a family member or the child; or (6) Seeking to obtain the child’s birth certificate or school or medical records; (d) Has engaged in domestic violence, stalking, or child abuse or neglect; (e) Has refused to follow a child custody determination; (f) Lacks strong familial, financial, emotional or cultural ties to the State or the United States; (g) Has strong familial, financial, emotional or cultural ties to another state or country; (h) Is likely to take the child to a country that: (1) Is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child; (2) Is a party to the Hague Convention on the Civil Aspects of International Child Abduction but: (I) The Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country; (II) Is noncompliant according to the most recent compliance report issued by the United States Department of State; or (III) Lacks legal mechanisms for immediately and effectively enforcing a return order pursuant to the Hague Convention on the Civil Aspects of International Child Abduction; (3) Poses a risk that the child’s physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children; (4) Has laws or practices that would: (I) Enable the respondent, without due cause, to prevent the petitioner from contacting the child; (II) Restrict the petitioner from freely traveling to or exiting from the country because of the petitioner’s gender, nationality, marital status or religion; or (III) Restrict the child’s ability legally to leave the country after the child reaches the age of majority because of the child’s gender, nationality or religion; (5) Is included by the United States Department of State on a current list of state sponsors of terrorism; (6) Does not have an official United States diplomatic presence in the country; or (7) Is engaged in active military action or war, including a civil war, to which the child may be exposed; (i) Is undergoing a change in immigration or citizenship status that would adversely affect the respondent’s ability to remain in the United States legally; (j) Has had an application for United States citizenship denied; (k) Has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a social security card, a driver’s license or other government-issued identification card or has made a misrepresentation to the United States Government; (l) Has used multiple names to attempt to mislead or defraud; or (m) Has engaged in any other conduct the court considers relevant to the risk of abduction. 2. In the hearing on a petition pursuant to the provisions of this chapter, the court shall consider any evidence that the respondent believed in good faith that the respondent’s conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child. 3. If the court finds during the hearing on the petition that the respondent’s conduct is intended to avoid imminent harm to the child or respondent, the court shall not issue an abduction prevention order. NRS 125D.210 Duration of abduction prevention order. An abduction prevention order remains in effect until the earliest of: 1. The time stated in the order; 2. The emancipation of the child; 3. The child’s attaining 18 years of age; or 4. The time the order is modified, revoked, vacated or superseded by a court with jurisdiction pursuant to NRS 125A.305, 125A.315 and 125A.325. |
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