Document Type

Case Summary

Publication Date

11-12-2009

Case Synopsis

Appeal from district court’s amended default divorce decree determining custody of the parties’ three minor children and dividing community property. The Court decided three separate issues in the appeal: (1) Whether the district court had home-state jurisdiction to make child custody determinations under the Uniform Child Custody Jurisdiction and Enforcement Act, codified at NRS Chapter 125A; (2) Whether the district court properly held that Nevada served as the children’s “habitual residence” and granted immediate return of the children, even though Japan is not a signatory of Hague Convention on the Civil Aspects of International Child Abduction; (3) whether the district court properly entered the decree by default, notwithstanding, that Shinichi, through counsel, answered the divorce complaint and filed a countercomplaint for divorce?

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