4JDCR 7

1. Whenever a party files a pleading requesting the physical or legal custody of a child, or visitation with a child, or files a response to such a pleading, said party shall strictly comply in all cases (including, without limitation, joint petitions for summary divorce, cases resolved by the default of a party or by stipulation of the parties) with the requirements of NRS 125A.385-“Information to be submitted to court.”

2. Child custody decisions pursuant to the submission of a “Joint Petition” (see summary proceedings for divorce pursuant to NRS Chapter 125) and child custody decisions submitted to the court pursuant to the written stipulation of all parties may be decided without a trial or a hearing unless otherwise required by the court, but shall comply with the requirements concerning proposed orders (see Rule 12). All other child custody decisions, including cases wherein a parent has been defaulted or has failed to respond to a motion or petition, may not be decided without a trial or a hearing and the presence of any nondefaulted parent.

3. The court may order, sua sponte or upon motion, mediation and/or custody evaluation in any child custody or visitation dispute. The judge assigned to a contested child custody case retains discretion to set the matter for trial/hearing without the completion of court-ordered mediation and/or custody evaluation.

4. Mediation and custody evaluation definitions and requirements:

a. Mediation:

(1) “Mediation” in child custody and/or visitation matters means the confidential meeting of the parties, with or without counsel, together with a court-designated mediator, for the purpose of reaching a “mediation agreement” that provides a child custody and visitation schedule in the best interest of the minor child(ren).

(2) The mediator cannot be subpoenaed to testify concerning matters discussed during child custody mediation without prior court approval.

(3) No mediation agreement may be submitted to the court or considered binding until all counsel of record have approved said agreement.

(4) A mediator may be any suitable person as determined by the judge assigned to try the case.

b. Custody Evaluation:

(1) “Custody evaluation” means an investigation for the purposes of making a recommendation to the court concerning a custody/visitation schedule that will be in the best interest of the minor child(ren).

(2) Custody evaluators shall interview those persons with knowledge helpful to making a recommendation. All custody evaluations shall include, at a minimum, an interview with the parties and the child(ren) or a statement as to why such interviews were not conducted.

(3) All custody evaluation recommendations must describe the facts relied upon and the reasoning that resulted in the recommendation.

(4) All custody evaluation recommendations must be provided to the court and filed under seal. Prior to the filing of said recommendation, the custody evaluator cannot be deposed or otherwise subjected to discovery without prior court approval. Prior to the filing of the recommendation, the custody evaluator may periodically appear in court at status hearings to update the court on the progress of the evaluation. The custody evaluator shall be treated as a court-appointed expert. Any party calling the custody evaluator as a witness shall be, absent further order of the court, responsible for all fees incurred by the custody evaluator in responding to the subpoena.

5. The duties of the mediator and the custody evaluator shall not be served by the same person in the same case.

6. All settlement agreements (including agreements resulting from mediation) and all custody evaluation recommendations must contain a custody/visitation schedule written in terms easily understood so as to be enforceable. Said custody/visitation schedule shall specifically describe:

a. The dates and times of custody and/or visitation;

b. The places where the transfers of custody shall take place; and

c. The transportation responsibilities of the parties concerning said transfers.

7. Absent good cause, any party who refuses to accept the terms and conditions contained within the custody evaluation recommendation and who is subsequently unable to obtain relief substantially better than is contained in the recommendation of the custody evaluator may be required to pay reasonable attorney fees and costs incurred by the other party following the filing of said recommendation.