Nev. Rev. Stat. § 125D.010
Short title
This chapter may be cited as the Uniform Child Abduction Prevention Act.
Nevada Revised Statutes Chapter 125D — Uniform Child Abduction Prevention Act
Nevada · statute · Nev. Rev. Stat. ch. 125D · 23 active provisions
Nev. Rev. Stat. § 125D.020
Definitions
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 125D.030 to 125D.130, inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 125D.030
“Abduction” defined
“Abduction” means the wrongful removal or wrongful retention of a child.
Nev. Rev. Stat. § 125D.040
“Child” defined
“Child” means an unemancipated individual who is less than 18 years of age.
Nev. Rev. Stat. § 125D.050
“Child custody determination” defined
“Child custody determination” means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order.
Nev. Rev. Stat. § 125D.060
“Child custody proceeding” defined
“Child custody proceeding” means a proceeding in which legal custody, physical custody or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights or protection fro…
Nev. Rev. Stat. § 125D.070
“Court” defined
“Court” means an entity authorized pursuant to the law of a state to establish, enforce or modify a child custody determination.
Nev. Rev. Stat. § 125D.080
“Petition” defined
“Petition” includes a motion or its equivalent.
Nev. Rev. Stat. § 125D.090
“Record” defined
“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Nev. Rev. Stat. § 125D.100
“State” defined
“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.
Nev. Rev. Stat. § 125D.110
“Travel document” defined
“Travel document” means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation or accommodations. The term does not include a passport or visa.
Nev. Rev. Stat. § 125D.120
“Wrongful removal” defined
“Wrongful removal” means the taking of a child that breaches rights of custody or visitation given or recognized pursuant to the law of this State.
Nev. Rev. Stat. § 125D.130
“Wrongful retention” defined
“Wrongful retention” means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized pursuant to the law of this State.
Nev. Rev. Stat. § 125D.140
Applicability of other law
NRS 125A.275, 125A.285 and 125A.295 apply to cooperation and communication among courts in proceedings pursuant to the provisions of this chapter.
Nev. Rev. Stat. § 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 a…
Nev. Rev. Stat. § 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 i…
Nev. Rev. Stat. § 125D.170
Contents of petition for abduction prevention order
A petition pursuant to the provisions of this chapter must be verified and include a copy of any existing child custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in NRS 125D.180. Subject to subsection 5 of NRS 125A.385, if reasonably…
Nev. Rev. Stat. § 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 ab…
Nev. Rev. Stat. § 125D.190
Order upon filing of petition; abduction prevention order after hearing; actions authorized to prevent imminent abduction; remedies not exclusive
1. If a petition is filed pursuant to the provisions of this chapter, the court may enter an order that must include: (a) The basis for the court’s exercise of jurisdiction; (b) The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding; (c) A detailed descript…
Nev. Rev. Stat. § 125D.200
Ex parte warrant to take physical custody of child; remedies not exclusive
1. If a petition pursuant to the provisions of this chapter contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. 2. The respondent on a petition pursuant to sub…
Nev. Rev. Stat. § 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 125…
Nev. Rev. Stat. § 125D.220
Application and construction
In applying and construing the Uniform Child Abduction Prevention Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Nev. Rev. Stat. § 125D.230
Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b).