QUESTION
According to Nevada law has this order expired and if not what are the steps I need to take to protect the children.
Asked on Aug 20th, 2014 on Child Custody - Nevada
More details to this question:
I have a custody order that states that my ex-husband is enjoined from allowing the children to be near or around or in the presence of his brother or parents. A known and provable violation of this order will result in the immediate suspension of his visitation with the minor children. This injunction precludes the minor children from residing in the paternal grandparents home for any period of time. The paternal grandparents are not allowed visitation. All this due to Physical, Emotional, and Verbal abuse. We were released to go back to California to live. When the children went out to visit I was told they were staying with a friend of the family. I have just found out that they have been staying in the paternal grandparents home for about 6 or more years on visitations and all summer long. They were instructed from their father," not to tell me, that if they did he and their grandparents would get in a lot of trouble". This Decree of Divorce and Custody was finalized Febuary 2, 2006 in the state of Nevada. According to Nevada law has this order expired and if not what are the steps I need to take to protect the children.
1 ANSWER
I answered this question some days ago, but the system does not show that it went through; if this is a repeated answer disregard it. In summary:
Custodial restriction orders do not "expire" during the minority of the children, unless so stated on their face -- but they might not be enforced if they have been long ignored, or "acquiescence" could be asserted. And six years is a long, long, time in family law, so if there has been no complaint, assertions of any harm of any kind, etc., a court today hearing a motion to terminate contact with dad, or for contempt, may or may not be much interested in granting relief. Much depends on facts that are not stated.
I suggest you consult with a family law specialist as to the specific order, and the specific facts -- including why no one said anything for 6 years, and what, exactly, changed recently, and then go from there.
Answered on Aug 24th, 2014 at 3:00 PM