Enforce Custody & Visitation
If a parent is not following 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!
Only use these forms if you already have a custody order from the 8th Judicial District Court in Clark County NV. If you have a custody order from another state that you need to enforce, visit Enforcing Out-of-State Orders for information on how to get a Nevada court to assist in enforcing your order.
When a parent won't follow a Nevada custody or visitation order, you have these options:
- 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 hold a hearing with both parties to find out why the visitation schedule is not being followed, and may award make-up time for any time with the children that was missed. You can request an emergency hearing to get the matter heard as quickly as possible.
- Request an Order to Produce the Child at a hearing: If the other parent is keeping the child away from you, you can file an ex parte motion for an emergency hearing. If granted, the judge would have the other parent and the children also attend the hearing. The judge may issue an arrest warrant against the other parent if needed to make sure they attend court, though this is rare.
- 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 custody and visitation issues. These orders are only granted in true emergencies.
Motion to Enforce Visitation or Custody
This motion tells the judge how the custody/visitation order is not being followed. The judge will have you both attend a court hearing and may award make-up time to a parent who has been denied time with the children.
1. Fill out the forms
You have to fill out both of these forms:
Motion to Enforce Visitation and/or Custody (pdf fillable)
Motion / Opposition Fee Information Sheet (pdf fillable) (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)
2. File the forms
File the documents with the court either in person, through efiling, or by mail. Check our How to File page for more information about each option.
The clerk will issue a Clerk's Notice of Hearing setting a court date when you file this motion.
If you want the judge to hear your case quicker because of urgent issues, you can apply for an emergency hearing. It will be up to the judge to decide whether to move your court date up. To ask for an emergency hearing, fill out both forms below.
Application for an Order Shortening Time (pdf fillable)
Order Shortening Time (to enforce custody / visitation) (pdf fillable)
File the application, and email the proposed order to your judge. Find the letter that your case is assigned to (for example, Dept C, Dept F, etc.). Insert the department letter where the _ is in the following email format: This email address is being protected from spambots. You need JavaScript enabled to view it. and send it by email. The judge's staff will let you know if your emergency request is approved or denied. If you are not able to email it, bring it to the family courthouse.
3. Serve the Other Party
It is up to YOU to serve the documents; the court does not serve them for you. If you do not follow this step properly, the judge may cancel your hearing.
You must have the other party served with all the documents you filed plus the Clerk's Notice of Hearing.
- First, you must serve a copy of your motion, the Clerk's Notice of Hearing, and any other documents you filed within 3 days of filing the motion. You can usually serve by regular mail or through the court's e-filing system if the other party is registered, but some judges may require something else. Check with your judge's staff if you are not sure. If the judge requires personal service, follow the steps in the bullet point below instead.
If you are serving by mail but do not know where the other parent lives, check your case to find out what address the court has listed for the person. You must mail the forms to the address the other party has on file with the court. If they moved, mail it to the address on file, the actual current address, and also email it to their known email address. If you do not do all three, your hearing could get cancelled for not serving correctly.
Complete a Certificate of Service after serving the documents and file it with the court.
Certificate of Service (pdf fillable) - for mail or eservice
Certificate of Service to Multiple Addresses and Email (pdf fillable) - if the other party moved
- Second, if the judge grants your Order Shortening Time, someone else will have to personally serve the other parent with a copy of the Order Shortening Time after the judge signs it. Whoever serves the other parent must complete an Affidavit of Service that states when, where, and what documents were served. File the Affidavit of Service with the court before your hearing.
Affidavit of Service (pdf fillable)
4. Attend the Hearing
The judge will hear from both of you at the hearing and decide what to do. Most hearings are happening by video. You should receive instructions on how to attend the hearing after you get the date. Learn more about remote hearings on the Remote Hearing page. If you want to attend the hearing in person, check with your judge's staff first to find out if you will be allowed in person.
The judge may offer "makeup" visitation for you and the children. Let the judge know if you have a proposal for when you would like the children to make up for the time you lost.
Ex Parte Motion for an Order to Produce the Child
This motion asks the judge to set an emergency hearing that both parents and the child have to attend.
1. Fill out the forms
You have to fill out these forms:
Ex Parte Motion for Order to Produce the Child (pdf fillable)
Order to Produce the Child (pdf fillable)
2. Submit the forms
File the ex parte motion (not the order) with the court either in person, through efiling, or by mail. Check our How to File page for more information about each option.
Email the order to your judge. Find the letter that your case is assigned to (for example, Dept C, Dept F, etc.). Insert the department letter where the _ is in the following format: This email address is being protected from spambots. You need JavaScript enabled to view it. and send it by email. The judge's staff will let you know if your emergency request is approved or denied. If you are not able to email it, bring it to the family courthouse.
3. Serve the Other Party
It is up to YOU to make sure the other party is served; the court does not serve the papers for you! You must have the other party served with all the documents you filed.
If the judge grants your request, someone else will have to personally serve the other parent with a copy of the ex parte motion plus the order after the judge signs it. Whoever serves the other parent must complete an Affidavit of Service that states when, where, and what documents were served. File the Affidavit of Service with the court before your hearing.
Affidavit of Service (pdf fillable)
4. Attend the Hearing
The judge will expect both parents and the children to participate in the hearing. Check with your judge's staff about whether this hearing will be in person or by phone/video.
Pickup Order
Pickup orders are reserved for true emergencies. If there is not an emergency, judges typically prefer that you use one of the options above and appear at a hearing first.
If there is an emergency and you want the child returned to you immediately, you can ask for an "Pickup Order" that awards you temporary sole custody. If granted, the judge will give you an order for custody without you needing to appear in court. This is usually the kind of order law enforcement requires before they will get involved in custody or visitation issues. 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.
To ask for a pickup order, fill out both of these forms:
Ex Parte Motion for Return of Child (pdf fillable)
Order for Return of Child (pdf fillable)
File the Ex Parte Motion for Return of Child with the court either in person, through efiling, or by mail. Check our How to File page for more information about each option.
Next, email the Order for Return of Child to the judge. Find the letter that your case is assigned to (for example, Dept C, Dept F, etc.). Insert the department letter where the _ is in the following email format: This email address is being protected from spambots. You need JavaScript enabled to view it. and send it by email. If you are not able to email it, bring it to the family courthouse.
The judge will review your documents. The judge's staff will let you know 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 can file one of the options above that would set a hearing so the judge can hear from both parents before deciding what to order.
