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7 FAMILY COURT

ARK COUNTY, NEVADA

CASE NO: D-10-433924-Z

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10 JENNA KERRIGAN,

Jason Kenrigan's custody immediately, by and from

custody of the children, including Jenna Kerrigan.

any and all persons having physical care an

1 IIORD JAMES W. PENGILLY, ESQ. Nevada Bar No. 6085

3 CHAD D. FUSS, ESQ. Nevada Bar No 12744

4 PENGILLY LAW FIRM 1995 Village Center Circle, Suite 190 Las Vegas, NV 89134-0562

6 T: (702) 889-6665; F: (702) 889-6664 Attorneys for Jason Kerrigan

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11 Plaintiff, DEPT. NO.: I

12 V..

JASON KERRIGAN,

Defendants.

ORDER GRANTING DEFENDANT'S EX PARTE EMERGENCY MOTION FOR PICK UP

ORDER AND SANCTIONS

This matter came before the Court on November , 2016, for an Ex Parte Emergenc

20 II Motion for Pick Up Order and Sanctions. This matter was heard on the Court's chambers calendar.

21 After reviewing the pleadings and papers on file, and good cause appearing the Court finds a

follows:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the minor child, Jaxso

Kerrigan, born January 5, 2003, and Jordana Kerrigan, born October 23, 2006, shall be returned t4

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any and all la

2 enforcement personnel, of Nevada or any other jurisdiction, including METRO, be authorized an

3 directed to assist Jason Kerrigan in obtaining physical custody of the minor children and thei

4 belongings, clothing and personal effects.

5 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Jenna Kerrigan

6 found in contempt of Court for failure to obey this Court's Order to turn over custody of the childr

7 to Jason Kerrigan. Jenna Kerrigan is hereby sanctioned $ for her contempt of court

Additionally, Jenna is ordered to pay Jason Kerrigan's attorney's fees in preparation of the Ex Part

Motion for an Emergency Pick Up Order in an amount to be determined by the Court at a futur

date.

STATUTORY PROVISIONS:

NOTICE IS HEREBY GIVEN of the following provision of NRS 125.510(6)

PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

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NOTICE IS HEREBY GIVEN that the terms of the Hague Convention of October 25,

1980 adopted by the 14th Session of the Hague Conference on Private International Law apply if a

22 Il parent abducts or wrongfully retains a child in a foreign country. The parties are also put on notice

23 H of the following pro visions of NRS 125.510(8):

If a parent of the child lives in a foreign country or has significant commitments in a foreign country; (a) The parties may agree, and the court shall include in the order for custody of the child, that the United States is the country of habitual residence of the child for the purposes of applying the tenns of the Hague Convention as set forth in subsection 7.

(b) Upon motion of one of the parties, the court may order the parent to post a bond if the court determines that the parent poses an imminent risk of wrongfully removing or concealing the child outside the country of habitual residence. The bond must be

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in an amount determined by the court and may be used only to pay for the cost of locating the child and returning him to his habitual residence if the child is wrongfully removed from or concealed outside the country of habitual residence. The fact that a parent has significant commitments in a foreign country does not create a presumption that the parent poses an imminent risk of wrongfully removing or concealing the child.

NOTICE IS HEREBY GIVEN of the following provision of NRS 125C.200:

If custody has been established and the custodial parent intends to move his residence to a place outside of this state and to take the child with him, he must, as soon as possible and before the planned move, attempt to obtain the written consent of the noncustodial parent to move the child from this state. If the noncustodial parent refuses to give that consent, the custodial parent, shall before he leaves this state with the child, petition the court for permission to move the child. The failure of a parent to comply with the provisions of this section may be considered as a factor if a change of custody is requested by the noncustodial parent.

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all NOTICE

PROVISIONS contained in this Custody Order are hereby made orders of the Court and this Court

etains jurisdiction to enforce the Orders contained herein and for all purposes relative to the custody

and support of the child.

Dated this 11 day of November, 2016.

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20 liSubmitted by: PENGILLY LAW FIRM

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JAMES W. PENGILLY, Nevada Bar No, 6085 CHAD D. FUSS, ESQ. Nevada Bar No. 12744 1995 Village Center Circle, Suite 190 Las Vegas, NV 89134-0562 Attorneys for Jason Kerrigan

CLERK OF THE COURT

r41.

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Electronically Filed 11/17/2016 04:43:13 PM

ORD JAMES W. PENGILLY, ESQ.

3 !Nevada Bar No. 6085 CHAD D. FUSS, ESQ. Nevada Bar No. 12744

4 II PENGILLY LAW FIRM 1995 Village Center Circle, Suite 190

5 Las Vegas, NV 89134-0562 6 I I T: (702) 889-6665; F: (702) 889-6664

Attorneys for Jason Kerrigan 7

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10 JENNA KERRIGAN,

FAMILY COURT

CLARK COUNTY, NEVADA

I CASE NO: D-10-433924-Z DEPT. NO.: I 11

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Plaintiff;

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16 0 II Z ORDER GRANTING DEFENDANT'S EX PARTE EMERGENCY MOTION FOR PICK UP u.417

ORDER AND SANCTIONS 18

19 This matter came before the Court on November , 2016, for an Ex Parte Emergenc

20 Motion for Pick Up Order and Sanctions. This matter was heard on the Court's chambers calendar

21 After reviewing the pleadings and papers on file, and good cause appearing the Court finds a

22 follows: 23

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the minor child, J so 24 25 Kerrigan, born January 5, 2003, and Jordana Kerrigan, born October 23, 2006, shall be returned t

26 Jason Kerrigan's custody immediately, by and from any and all persons having physical care

27 II custody of the children, including Jenna Kerrigan.

JASON KERRIGAN,

Defendants.

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Electronically Filed 11/17/2016 04:40:58 PM

CLERK OF THE COURT

- 15 Defendants.

ORD JAMES W. PENGILLY, ESQ. Nevada Bar No. 6085 CHAD D. FUSS, ESQ. Nevada Bar No. 12744

4 PENGILLY LAW FIRM 1995 Village Center Circle, Suite 190 Las Vegas, NV 89134-0562 T: (702) 889-6665; F: (702) 889-6664 Attorneys for Jason Kerrigan

FAMILY COURT

CLARK COUNTY, NEVADA

JENNA KERRIGAN, I CASE NO: D-10-433924-Z DEPT. NO.: I

Plaintiff,

JASON KERRIGAN,

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w 17 ORDER GRANTING ADOPTION OF EMERGENCY REUNIFICATION PLAN

"

On October 27, 2016, this Court held an evidentiary hearing on Defendant's Motion to Adop

19 the Emergency Reunification Plan came on for hearing, the Honorable Judge Cheryl B. Mo

20 presiding, Defendant Jason Kerrigan was present and represented by his counsel James W. Pengilly

21 Esq., Plaintiff Jenna Kerrigan was also present and represented by her counsel Joseph Houston, Esq 22

The Court Orders as follows: 23

24 1. Defendant's Motion for Change of Custody is Denied.

25 2. Defendant's reunification with the minor children shall go forward.

26 3. Claudia Swartz is appointed as the minor children's therapist.

27 4. Donna Gosnell, Nicholas Ponzo, and Dr. Gary Lenkeit shall be in an advisory capacity fo 28

the reunification process.

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5. Dr. Gary Lenkeit shall continue as Parenting Coordinator for the Parties. Parties shall equall

divide Dr. Lenkeit's fees, without prejudice.

6. Donna Wilburn will be the Reunification therapist and will provide a type written logistica

plan to prepare the children, with suggested dates, times and location, Court would prefer

neutral family member's house, prefer not Dad's house, with who will be the transition perso

and the family member supervisor. Plaintiff/Mom can suggest a maternal family member.

there is no cooperation by Morn, the alternative would be to have a self-effectuating Order

have CPS or a Case Worker help with the transition, or a volunteer to help with the drop of

transition; Donna Gosnell, Claudia Swartz, Nicolas Ponzo, or Ms. Vlack, with CPS being th

last resort. Ms. Wilburn shall email or fax the plan to Counsel and Court and cc the te

members.

7. Parties shall cooperate with accommodating schedules.

8. Defendant/Dad shall provide Donna Wilburn with the video from today's hearing.

9. Return Hearing re: Logistical Plan SET for November 4, 2016 at 10:00 a.m.

10. Child Support, Attorney's Fees and expert fees are bifurcated.

11. Defendant/Dad shall itemize all of the expert fees and attorney's fees and supplement with

spreadsheet.

12. Both Parties shall file updated Financial Disclosure Forms forthwith.

13. Defendant/Dad's Brunzell Brief is due by 11/28/2016.

14. Plaintiff/Mom's Reply Brief is due by 12/12/2016.

15. Any Oppositions are due by 12/26/2016.

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16. The parties appeared in Court on November 4, 2016, wherein the Court ordered that Dorm

2 Wilburn's Transition Plan dated November 2, 2016 be adopted. A copy of the Transitio 3

Plan is attached hereto as EXHIDIT 1. 4

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6 Dated this i7 d' ay of November, 2016.

Submitted by: PENGILLY LAW FIRM

JAMES W. PENGILLY, ESQ. Nevada Bar No. 6085 CHAD D. FUSS, ESQ. Nevada Bar No. 12744 1995 Village Center Circle, Suite 190 Las Vegas, NV 89134-0562 Attorneys for Jason Kerrigan

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•

Smallin Natalie

From: Sent: To:

Subject: Attachments:

Donna Wilburn <donna.wilburn65@grnail.com >

Thursday, November 17, 2016 3:01 PM James Pengilly; Jenna Kerrigan; jason kerrigan; Smalling, Natalie; Chad Fuss; Donna

Wilburn Pick Up Protocol- Kerrigan Order re Evidentiary Hearing.pdf

A copy of this email will be faxed to Joe Houston's office after 4pm today.

To All Concerned:

MODIFICATION: Due to the severity of the children's behavior, I am agreeing to be present to assist the police

in assessing placement of the children. If they are severely emotionally disturbed, they will be transported by ambulance to the appropriate behavioral hospital for assessment. If and/or when released, they will be released into Jason's care.

If they are in minor to moderate distress, they will be transported by Monica or another representative to Jason's home where we will discuss the expectations for the next two weeks.

At this point we will use the transition plan that was agreed upon previously by the court.

The period of no-contact begins as soon as the children have been turned over to either the authorities or Jason's

representative.

As I stated in court, I am open to using their current nanny to help the children transition. All I ask is that I conduct a brief interview previous to her involvement. I had asked mom to send her contact information to me, which she has not as of yet.

Thanks, Donna

Donna Wilburn LS, LMFT Licensed Marriage & Family Therapist/ Children's Specialist Clinical Supervisor/VP Heads Up Guidance & Wellness Centers of Nevada 2801 S. Valley View #6 Las Vegas, NV 89102 ph. 702-922-7015 c. 702-234-9325 f. 702-922-6600

CONFIDENTIAL: This message and any attachment(s) are confidential, intended only for the named recipient, and may be privileged. Any disclosure, distribution or use of this information by anyone other than the intended