This is my second post in my “How to Handle Parental Abduction” series. My first post discussed the right way and the wrong way to react when the other parent fails to return the child. In this post I am going to focus on who may be able to file for child return orders in Las Vegas, Nevada and the criteria that one needs to meet in order to do so.
Pickup Orders may be obtained from the Las Vegas Family Court if one parent is explicitly refusing to return the child
The other parent must be explicitly refusing to return the child, or must have abducted the child. This means that the other parent told you directly that they are not returning the child to you, that the other parent’s behavior demonstrates they have no intention of returning the child, or the other parent has taken the child out of state with the intention of never returning. This is a common occurrence when the other parent feels the child is in a dangerous situation. The other parent may feel the child is being abused or neglected and takes matters into their own hands, rather than trusting in the legal system. There are other instances where the other parent is the abuser and is using the child as another way to exert power over his victim. The other parent can take the child simply because they are unhappy with the custody orders and are taking matters into their own hands.
Someone simply being late with a return is not sufficient. Parents are often late in returning a child. Things happen, they can be delayed because of traffic, an accident has occurred or simply because they lose track of time. Even if the other parent is consistently late, you cannot claim they are abducting your child. You may have good reason to suspect they have abducted your child; however, you must have sufficient proof that they have done so.
A parent taking a child outside of Nevada will not automatically constitute child abduction
Parents are often under the misunderstanding that the other parent can’t take the child out of state at all. This is not always the case. For instance, parents are known to ignore custody orders and take the child outside of Nevada on vacation without permission of the other parent or permission from the court. This is not child abduction. For taking a child out of state to constitute abduction, there must be intent of not returning the child, such as, moving with the child.
The Court will not tolerate false allegations of abduction. Obviously, child abduction is a serious matter and requires immediate attention. If your child has been abducted, contact my office today. There are legal remedies that we may employ in order to obtain the return of your child. I will discuss the process further in my next blog.