If a parent is violating a custody order, there are different options available to get the court's help. Read this section for more information about the ways to handle custody violations.
CAUTION!
If you have a custody order from another state that the other party will not obey and the child is in Nevada, there is a different process to get the child back. Please visit Enforcing Out-of-State Orders for more information on that process.
When a parent violates a Nevada custody or visitation order, there are two main options available to get the court's help:
- File a Motion To Enforce Custody and Visitation: When you simply want the other parent to obey the custody and visitation order, you can file a Motion to Enforce Custody and Visitation. The judge will have you both appear in court to find out why the visitation schedule is not being followed, and may award make-up time for anytime with the childrenthat was missed.You can request anemergency hearing to get the matter heard as quickly as possible.
- Request a "Pickup Order" To Have the Child Immediately Returned to You: When there is an emergency and you want the child returned to you right away,you can ask the court to give you a "Pickup Order" that awards you temporary sole custody. This is usually the kind of order law enforcement requires before they will get involved in enforcing visitation orders. These orders are only granted in true emergencies.
TIP!
You can also contact the Nevada State Advocate for Missing and Exploited Children for possible assistance in having the child returned to you. Visit Missing Children for more information.
Motion to Enforce Visitation or Custody
This kind of motion deals with custody and visitation issues only. The judge will have you both appear in court to find out why the custody and visitation schedule are not being followed, and may award make-up time for anytime with the childrenthat was missed.
1. Fill Out & File The Papers
To get your case on the judge's calendar, you must fill outthe following documents and file them with the court:
Emergency Motion to Enforce Visitation and/or Custody (pdf)
Motion / Opposition Fee Information Sheet (pdf)(There is typically a $25 filing fee due when you file your motion. If you originally got a divorce by filing a Joint Petition for Divorce, the Court will charge an additional $129 the first time you file a motion and reopen your case. This additional fee goes into effect July 1, 2015.)
You must file all of your documents with the court. Forinformation on how to file your documents, please visit Basics of Court Filings.
You will get a court date when you file this motion.
2. Submit the Emergency Request to the Judge
If you would like the judge to hear your case quickly because you want custody or visitation enforced immediately, you can submit an Order Shortening Time request to the judge. It will be up to the judge to decide whether the situation requires a hearing to be held quicker than the date originally given to you by the Clerk.
Fill out the Order Shortening Time, and bring it to the courthouse (or mail it). If bringing it in person, drop the order offin your judge's drop box on the 3rd floor of the family courthouse. The judge's staff will let you know by mail or by phone if your request is approved or denied.
Order Shortening Time (to enforce custody / visitation) (pdf)
3. Serve the Other Party
Your next step is toserve the other party (by regular mail or through the court's e-filing system)with a copy of the documents you filed sothe other person knows what you are asking, when the judge will hear the matter, and that a response should be filed. It is up to YOU to make sure the other party is served; the court does not serve the papers for you! Be sure to serve the court-filed forms that include the filing date and the hearing date!
- If the judge granted your Order Shortening Time, someoneelse will have to personally serve the other parent witha copy of all the documents you filed. Whoever serves the other parent must complete an Affidavit of Service which states when, where, and what documents were served. You must file the Affidavit of Service with the court before your hearing.
Affidavit of Service (pdf) Affidavit of Service (pdf fillable)
- Ifyour hearing is staying on the originally scheduled date, youmust serve a copy ofall the documents eitherby regular mail or through the court's e-filing system. Complete a Certificate of Service after you have served the documents so the judge knows when, how, and where the documents were served.If you are serving by mail but do not know where your ex-spouse lives, check with the court to find out what address the court has for the person. You are expected to mail the documents to any address the court has listed for the person, plus any other addresses where you think the person is living. File the Certificate of Service with the court.
Certificate of Service (pdf) Certificate of Service (pdf fillable)
4. Attend the Hearing
The judge will hear from both of you at the hearing and decide what to do. The judge may offer "makeup" visitation for you and the children. Let the judge know if you have a proposal forwhen you would like the children to make up for the time you lost.
Ex Parte Motion for a Pickup Order
When there is an emergency and you want the child returned to you immediately, you can ask the court to give you an "Ex Parte Pickup Order" that awards you temporary sole custody and gives you the ability to pick up the child. "Ex parte" means you are asking the judge for an order without having a hearing first. If granted,the judge will give you an order for custody that you can enforce without needing to appear in court. This is usually the kind of order law enforcement requires before they will get involved in enforcing visitation orders. You can also contact the Nevada State Advocate for Missing and Exploited Children for possible assistance in having the child returned to you. Visit Missing Children for more information.
This is reserved for true emergencies. If there is not an emergency, judges typically prefer that you file a Motion to Enforce Custody and Visitation and appear at a hearing first.
FYI!
An Ex Parte Motion for a Pickup Order should only be used if you already have a custody order from a Nevada court. If you have a custody order from another state that you need to enforce, please visit Enforcing Out-of-State Orders for information on how to get a Nevada court to assist in enforcing your order.
To ask the judge for a pickup order, complete the following two documents:
Ex Parte Motion for Return of Children (pdf)
Order for Return of Children (pdf)
Bring (or mail) both documents to the family courthouse. The Ex Parte Motion for Return of Children must be filed with the Clerk of Court either in person or online. Forinformation on how to file your documents, please visit Basics of Court Forms and Filings.
Next,submit the Order for Return of Children to the judge. Bring (or mail) the Order for Return of Children to the courthouse.If bringing it in person, drop the order offin your judge's drop box on the 3rd floor of the family courthouse.
The judge will review your documents. The judge's staff will let you know either by mail or by phone whether your order is approved or denied. If the order is approved, you can contact law enforcement for assistance in retrieving the child. If the order is denied, you may need to file a Motion to Enforce Visitation or Custodyso the judge can hear from both parents in court before deciding what to order.
