Nevada § 125D.190 - Order upon filing of petition; abduction prevention order after hearing; actions authorized to prevent imminent abduction; remedies not exclusive

§ 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 description of each party's custody and visitation rights and residential

arrangements for the child; (d) A provision stating that a violation of the order may subject the party in violation

to civil and criminal penalties; and (e) Identification of the child's country of habitual residence at the time of the

issuance of the order. 2. Except as otherwise provided in subsection 3 of NRS 125D.180 , if, at a hearing on a petition pursuant to the provisions of this chapter or on

the court's own motion, the court after reviewing the evidence finds a credible risk

of abduction of the child, the court shall enter an abduction prevention order. The order must include the provisions required by subsection 1 and measures and

conditions, including those in subsections 3, 4 and 5, that are reasonably calculated

to prevent abduction of the child, giving due consideration to the custody and visitation

rights of the parties. The court shall consider the age of the child, the potential harm to the child from

an abduction, the legal and practical difficulties of returning the child to the jurisdiction

if abducted, and the reasons for the potential abduction, including evidence of domestic

violence, stalking, or child abuse or neglect. 3. An abduction prevention order may include one or more of the following: (a) An imposition of travel restrictions that require that a party traveling with

the child outside a designated geographical area provide the other party with the

following: (1) The travel itinerary of the child; (2) A list of physical addresses and telephone numbers at which the child can be reached

at specified times; and (3) Copies of all travel documents; (b) A prohibition of the respondent directly or indirectly: (1) Removing the child from this State, the United States or another geographic area

without permission of the court or the petitioner's written consent; (2) Removing or retaining the child in violation of a child custody determination; (3) Removing the child from school or a child care or similar facility; or (4) Approaching the child at any location other than a site designated for supervised

visitation; (c) A requirement that a party register the order in another state as a prerequisite

to allowing the child to travel to that state; (d) With regard to the child's passport: (1) A direction that the petitioner place the child's name in the United States Department

of State's Child Passport Issuance Alert Program; (2) A requirement that the respondent surrender to the court or the petitioner's attorney

any United States or foreign passport issued in the child's name, including a passport

issued in the name of both the parent and the child; and (3) A prohibition upon the respondent from applying on behalf of the child for a new

or replacement passport or visa; (e) As a prerequisite to exercising custody or visitation, a requirement that the

respondent provide: (1) To the United States Department of State's Office of Children's Issues and to

the relevant foreign consulate or embassy, an authenticated copy of the order detailing

passport and travel restrictions for the child; (2) To the court: (I) Proof that the respondent has provided the information in subparagraph (1); and (II) An acknowledgment in a record from the relevant foreign consulate or embassy

that no passport application has been made, or passport issued, on behalf of the child; (3) To the petitioner, proof of registration with the United States Embassy or other

United States diplomatic presence in the destination country and with the Central

Authority for the Hague Convention on the Civil Aspects of International Child Abduction,

if that Convention is in effect between the United States and the destination country,

unless one of the parties objects; and (4) A written waiver pursuant to the provisions of the Privacy Act, 5 U.S.C. § 552a , as amended, with respect to any document, application or other information pertaining

to the child authorizing its disclosure to the court and the petitioner; and (f) Upon the petitioner's request, a requirement that the respondent obtain an order

from the relevant foreign country containing terms identical to the child custody

determination issued in the United States. 4. In an abduction prevention order, the court may impose conditions on the exercise

of custody or visitation that: (a) Limit visitation or require that visitation with the child by the respondent be

supervised until the court finds that supervision is no longer necessary, and order

the respondent to pay the costs of supervision; (b) Require the respondent to post a bond or provide other security in an amount sufficient

to serve as a financial deterrent to abduction, the proceeds of which may be used

to pay for the reasonable expenses of recovery of the child, including reasonable

attorney's fees and costs if there is an abduction; and (c) Require the respondent to obtain education on the potentially harmful effects

to the child from abduction. 5. To prevent imminent abduction of a child, a court may: (a) Issue a warrant to take physical custody of the child pursuant to NRS 125D.200 or the law of this State other than this chapter; (b) Direct the use of law enforcement to take any action reasonably necessary to locate

the child, obtain return of the child or enforce a custody determination pursuant

to the provisions of this chapter or the law of this State other than this chapter;

or (c) Grant any other relief allowed pursuant to the law of this State other than this

chapter. 6. The remedies provided in this chapter are cumulative and do not affect the availability

of other remedies to prevent abduction.