Before the Court en banc. Opinion by Justice Pickering.
In this petition for a writ of mandamus and/or prohibition, the Nevada Supreme Court considered whether, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a Nevada family court could assert jurisdiction over a child custody dispute- pursuant to an agreement between the parties-when all parties have relocated to another state. First, the Court determined that, under the UCCJEA, exclusive, continuing jurisdiction (UCCJEA Jurisdiction) is extinguished when “the child, the child’s parents and any person acting as a parent do not presently reside in the State.” Next, the Court considered whether the parents’ agreement to maintain jurisdiction in Nevada, despite their relocation to California, would trump the UCCJEA. The Court concluded that the UCCJEA is the exclusive jurisdictional basis for child custody determinations and no agreement by the parties may override the jurisdiction conferred by the UCCJEA. However, the Court noted that such agreements may be reviewed by a court with UCCJEA jurisdiction and that court may then decline jurisdiction, deferring it to a more convenient/appropriate forum. Lastly, the Court rejected the argument that the parties were judicially or equitably estopped from contesting Nevada’s jurisdiction because, as the Court emphasized, under the UCCJEA, subject matter jurisdiction may not be conferred by a court with no authority to act. Any estoppel arguments must only be asserted to the court with UCCJEA jurisdiction. In a dissent joined by Justice Cherry, Justice Gibbons maintained that the issuance of such extraordinary writs is only permissible when there is not “a plain, speedy, and adequate remedy at law.” Justice Gibbons contended that because the California court has not agreed to jurisdiction and an agreement conferring jurisdiction to Nevada exists, extraordinary relief is not warranted. Justice Cherry wrote separately to add that the legislature should reevaluate this statute to ensure that parties can stipulate to jurisdiction in the future. Petition granted. (Amanda M. Hogeg, Associate in the Las Vegas office of McDonald Carano Wilson).
