NRS 125C.245 Child custody proceedings involving alleged domestic violence or child abuse: Admission of expert evidence; required consideration of past conduct; prohibition against orders to remediate resistance of child to contact parent alleged to have committed domestic violence or child abuse.

513 words·~2 min read·/nv/chapter-125c-custody-and-visitation/125c-245·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Notwithstanding any other provision of law, in a child custody proceeding in which a parent is alleged to have committed domestic violence or child abuse:

(a)Expert evidence relating to alleged domestic violence or child abuse may only be admitted by a professional who possesses demonstrated expertise and substantial clinical experience that are not primarily of a forensic nature;

(b)The court shall, in making any finding relating to an allegation of domestic violence or child abuse, consider all relevant and admissible evidence of past domestic violence or child abuse committed by the parent who is the subject of the allegation, including, without limitation, any evidence which indicates that the parent has been:

(1)Arrested for or convicted of domestic violence or child abuse; or

(2)A party against whom an order for protection, restraining order or injunction in the nature of an order for protection is issued; and

(c)The court shall not issue an order to remediate the resistance of a child to have contact with a parent alleged to have committed domestic violence or child abuse unless the order:

(1)Primarily addresses the behavior of the parent with whom the child resists contact; and

(2)Requires the parent with whom the child resists contact to take action to remediate the resistance of the child as a condition precedent to requiring the other parent of the child to take any action to improve the relationship of the child with the parent with whom the child resists contact.

2. For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection if it grants relief that might be given in a temporary or extended order for protection.

3. As used in this section:

(a)“Child abuse” means:

(1)Physical or mental injury of a nonaccidental nature to a child under the age of 18 years; or

(2)Sexual abuse or sexual exploitation of a child under the age of 18 years.

(b)“Clinical experience” means experience working with and on behalf of victims of domestic violence or child abuse.

(c)“Forensic” means provided pursuant to a court order for the purpose of litigation. The term includes, without limitation, the evaluation of a parent or child involved in a child custody proceeding.

(d)“Order for protection” means:

(1)A temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100 , inclusive;

(2)A temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 ; or

(3)A temporary or extended order for protection against sexual assault issued pursuant to NRS 200.378 .

(e)“Sexual abuse” has the meaning ascribed to it in NRS 432B.100 .

(f)“Sexual exploitation” has the meaning ascribed to it in NRS 432B.110 .