© 2020 Family Law Self-Help Center Motion to Enforce Custody/Visitation
* You are responsible for knowing the law about your case. For more information on the law, this form, and free
classes, visit www.familylawselfhelpcenter.org or the Family Law Self Help Center at 601 N. Pecos Road. To find
an attorney, call the State Bar of Nevada at (702) 382-0504.
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COURT CODE: MOT
Your Name:
Address:
Telephone:
Email Address:
Self-Represented
DISTRICT COURT
CLARK COUNTY, NEVADA
________________________________
Plaintiff,
vs.
________________________________
Defendant.
CASE NO.: ____________________
DEPT: ____________________
Hearing Requested? ( check one, the clerk will
enter dates when you file)
Yes. Hearing Date: ______________
Hearing Time: ______________
No. Chambers Decision: ___________
MOTION AND NOTICE OF MOTION FOR AN ORDER TO SHOW CAUSE REGARDING
CONTEMPT AND TO ENFORCE CHILD CUSTODY AND/OR VISITATION
TO: Name of Opposing Party and Party’s Attorney, if any, ______________________________
If a hearing was requested above, the hearing on this motion will be held on the date and
time above before the Eighth Judicial District Court - Family Division located at:
(clerk willcheck one)
The Family Courts and Services Center, 601 N. Pecos Road Las Vegas, Nevada 89101.
The Regional Justice Center, 200 Lewis Avenue Las Vegas, Nevada 89101.
The Child Support Center of Southern Nevada, 1900 E. Flamingo Rd #100, LV NV 89119.
NOTICE: You may file a written response to this motion with the Clerk of the
Court and provide the undersigned with a copy of your response within 14
days of receiving this motion. Failure to file a written response with the Clerk
of Court within 14 days of your receipt may result in the requested relief being
granted by the Court without a hearing prior to the scheduled hearing date.
Submitted By:
Plaintiff / Defendant
/s/
Page 2 of 6 – Motion for an Order to Show Cause and to Enforce Custody / Visitation
MOTION
(Your name) ______________________________________ moves this Court for an Order
enforcing the custody and/or visitation schedule and/or for issuance of an Order to Show Cause
regarding contempt. ( check one)
I tried to resolve this issue with the other party before filing this motion.
I did not try to resolve this issue with the other party before filing this motion. Any
attempt to resolve the issue would have been useless or impractical because (explain why
you did not try to resolve this issue directly with the other party before filing this motion)
________________________________________________________________________
________________________________________________________________________
POINTS AND AUTHORITIES
LEGAL ARGUMENT
The refusal to obey a lawful order issued by the court is an act of contempt. NRS 22.010(3).
The facts of contempt must be presented to the court through an affidavit. NRS 22.030(2). A
person found guilty of contempt may be fined up to $500 for each act of contempt, may be
imprisoned for up to 25 days, or both. A person found guilty of contempt may also be required
to pay the reasonable expenses, including attorney’s fees, of the person seeking to enforce the
order. NRS 22.100.
If it appears that a child has been or is likely to be concealed within the state or taken out of
the state, the court shall order the child to appear and shall make a determination most
advantageous to and in the best interest of the child. The court may authorize law enforcement
to assist a party in obtaining physical custody of a child. A proceeding under this section must
be given priority on the court’s calendar. NRS 125C.0055.
FACTS AND ARGUMENT
1. Number of Minor Children. The parties have (number) ______ minor children in common.
Child’s Name: Date of Birth State of Residence:
Page 3 of 6 – Motion for an Order to Show Cause and to Enforce Custody / Visitation
2. Current Custody Order. The current custody order was filed on (date of your current
custody order) ________________. The current custody order is: ( check one)
I have visitation and the other parent has primary physical custody.
I have joint physical custody.
I have primary physical custody and the other parent has visitation.
3. Notice. ( check one)
The other party was served with a copy of the court order on (date the party was served
with the order) _____________.
The other party knows about the court order because (explain how the other party is
aware of the court order)
4. Timeshare. I am supposed to have time with the child(ren) on the following days/times:
(describe when the order states you are to have time with the children)
5. Other Custody Orders. ( check one)
There are no other court orders that affect the custody and visitation order.
There is another court order that may affect the custody and visitation order. (Give details
about what court issued the order, when, what the order says, etc.):
Page 4 of 6 – Motion for an Order to Show Cause and to Enforce Custody / Visitation
6. Denial of Custody / Visitation. The other parent is violating the custody / visitation order in
the following ways (explain when you last saw the children, your attempts to see the
children, and any known reasons why the other parent will not let you see the children):
(Attach additional pages if more space is needed)
7. Police. ( check one)
I have not contacted the police about this situation.
I have contacted the police about this situation. (Give details about when you contacted
police, the police report, what action the police took, etc.):
8. Child Protective Services. ( check one)
I have not contacted CPS about this situation.
I have contacted CPS about this situation. (Give details about when you contacted CPS,
any action CPS took, the caseworker’s name, etc.):
Page 5 of 6 – Motion for an Order to Show Cause and to Enforce Custody / Visitation
9. Contempt and Other Remedies. The Court should issue an Order to Show Cause and find
the offending party in contempt. In addition, I would like: ( check any that apply)
Compensatory Time.
The court should award me the following time with the child(ren) to make up for the
missed time due to the other parent’s violation.
(Describe when you would like to have the children to make up for the lost time)
Pickup Order / Warrant to Take Physical Custody of a Child. The Court should
enter an order and/or a warrant allowing me to pick up the children with the
assistance of law enforcement.
10. In addition to the relief requested above, I would like the Court to also order the following:
(Explain anything else that you would like the judge to order, or enter “N/A” if you do not
want anything else. Be specific.)
I respectfully ask the Court to grant me the relief requested above, including an award of
attorney’s fees if I am able to retain an attorney for this matter, and any other relief the Court
finds appropriate.
DATED _____________________________, 20____.
Submitted By: (your signature)
(print your name)
/s/
Page 6 of 6 – Motion for an Order to Show Cause and to Enforce Custody / Visitation
DECLARATION IN SUPPORT OF MOTION FOR AN ORDER TO SHOW CAUSE
REGARDING CONTEMPT AND TO ENFORCE CHILD CUSTODY AND/OR
VISITATION
I declare, under penalty of perjury:
a. I have read the foregoing motion, and the factual averments it contains are true and correct
to the best of my knowledge, except as to those matters based on information and belief, and
as to those matters, I believe them to be true. Those factual averments contained in the
referenced filing are incorporated here as if set forth in full.
b. Any Exhibit(s) in support of this Motion will be filed separately in an Exhibit Appendix.
I declare under penalty of perjury under the law of the State of Nevada that the foregoing
is true and correct.
DATED _____________________________, 20____.
Submitted By: (your signature)
(print your name)
/s/