This is my fourth post in my “How to Handle Parental Abduction” series. My last post discussed how to obtain a Nevada Pick-Up Order. In this post I will focus on attending the contempt hearing in a Las Vegas parental abduction case.
The Clark County Family Judge Will Hold A Hearing To See If The Other Parent Should Be Held In Contempt For Parental Kidnapping
At the contempt hearing, the offending parent will be required to show cause why they should not be held in contempt. At this hearing, the other party must be prepared to prove that they have obeyed the child custody and visitation order or have a justification for not doing so. For example, if they state that they removed the child from the home for their own safety and well being, they would have to provide documentation and witnesses to some sort of abusive behavior or negligence on your part and that they were taking legal steps to correct beyond just keeping the child. You then would be able to present your side and the judge would make a decision.
The Clark County Family Court takes a dim view on those found to be in contempt of court orders. A judge does not issue orders just so they can be intentionally ignored. If the other party is held in contempt, he/she can be subject to fine not to exceed $500.00 or receive jail time not to exceed twenty-five (25) days, or both. Furthermore, the offending parent may have to pay your attorney’s fees as a sanction.
Parental Kidnapping of a Las Vegas Child Can Result In The Court Changing Custody Under Some Circumstances
The Court does not want to put the child in danger of harm, nor do they want to allow a party to frustrate custody or visitation. The judge may at his/her discretion modify the child custody and visitation order to supervised visitation or not allow visitation at all in lieu of the circumstances regarding the child abduction. The judge may even grant sole primary and physical custody to the afflicted party. I quickly discuss how child abduction impacts Nevada child custody in the following video:
A party can request a change in custody through filing a motion and explaining the need due to the parental kidnapping that has occurred. If circumstances warrant a change, this can also be addressed and filed as part of the pick-up order, which sometimes is a better option in order to save time and the expense of two hearings.
Child abduction is one of the scariest things a parent can go through, even if it is the other parent who is responsible for the abduction. When it comes to your children, it is best to retain the services of a knowledgeable, Las Vegas attorney who can assist you in these matters. If your child is a victim of parental abduction, please contact my office today.
