Fillable EXMT Self-Represented DISTRICT COURT CLARK COUNTY, NEVADA (Family Law Self Help Center)

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EXMT Self-Represented DISTRICT COURT CLARK COUNTY, NEVADA (Family Law Self Help Center)

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© 2017 Family Law Self-Help Center Ex Parte Motion for Return of Children
* 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.
1
EXMT
Name:
Address:
Telephone:
Email Address:
Self-Represented
DISTRICT COURT
CLARK COUNTY, NEVADA
_
______________________________
Plaintiff,
vs.
_
______________________________
Defendant.
CASE NO.: ____________________
DEPT: ____________________
EX PARTE MOTION FOR RETURN OF CHILD(REN)
(Your name) _______________________________________ in proper person, hereby files
this Ex Parte Motion For Return of Child(ren).
This application is based upon the pleadings and papers on file, the affidavit of Movant, and
any exhibits which are attached to this motion.
Submitted By:
(☒ check one) ❑ Plaintiff / ❑ Defendant In Proper Person
POINTS AND AUTHORITIES
LEGAL ARGUMENT
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
/s/
Page 2 of 5 - Ex Parte Motion for Return of Children
to assist a party in obtaining physical custody of a child. Any such order shall require the
moving party to give 24 hours’ notice to the person with physical custody of the child prior to the
moving party obtaining physical custody of the child, unless the court deems that such notice
would likely defeat the purpose of the order.
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.
The children are:
Child’s Name: Date of Birth State of Residence:
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. 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):
Page 3 of 5 - Ex Parte Motion for Return of Children
4. Denial of Custody / Visitation. I am entitled to custody / visitation with the children but the
other parent is refusing to allow me to exercise my time with the children. The last contact I
had with the children was (explain the last time you saw or talked to the children):
5. Attempt to Resolve. ( 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)
________________________________________________________________________
________________________________________________________________________
6. Best Interest. It is in the best interest of the children to grant me temporary sole physical
custody and to return the children to me immediately because (describe why you should have
temporary sole physical custody of the children and why they should be turned over to you
immediately rather than waiting for a court hearing. Be specific about any emergency or
harm that may happen if the children are not returned to you right away):
Page 4 of 5 - Ex Parte Motion for Return of Children
7. Notice to Other Parent. If the Order for Return of Children is granted ( check one)
❑ I will provide the other parent 24 hours’ notice before I pick up the children.
❑ The court should waive the 24 hours’ notice requirement because (explain why no notice
should be given to the other parent before you pick up the children):
I respectfully ask the Court to order the following:
1. Enter an Order for Return of Children, turning over physical custody of the children to
me, along with their necessary belongings, clothing, and personal effects;
2. Authorize any and all law enforcement agencies, including METRO, to assist in
retrieving the child(ren) and/or their belongings, clothing and effects;
3. Waive the 24 hour notice period if appropriate;
4. An award of attorney’s fees if I am able to retain an attorney for this matter;
5. Any other relief the Court finds appropriate.
DATED _____________________________, 20____.
Submitted By: (your signature)
(print your name)
/s/
Page 5 of 5 - Ex Parte Motion for Return of Children
DECLARATION IN SUPPPORT OF EX PARTE MOTION FOR RETURN OF
CHILD(REN)
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. Additional facts to support my requests include: (write anything else that the judge should
know to make a decision about your case, or write “N/A” if there is nothing else to add)
c. 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/
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EXMT Self-Represented DISTRICT COURT CLARK COUNTY, NEVADA (Family Law Self Help Center)

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Completed 15 January 2021

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