WILLIAMS v. Tavaris L. Moss, Real Party in Interest. (2022)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This emergency, original petition for a writ of mandamus or prohibition challenges a post-divorce decree district court order temporarily granting real party in interest compensatory time with the parties’ minor child in Georgia, pending a hearing on his motion to relocate.

Having reviewed the petition and supporting documents, we conclude that our extraordinary intervention is not warranted at this time. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). The challenged order is temporary, and the district court has scheduled a hearing on real party in interest's opposed motion to relocate for November 14, 2022, at which hearing the court will be able to address the parties’ custody arrangement and make detailed findings on the issue, to the extent necessary. And any resulting order finally modifying custody, or refusing to do so, may be appealed. NRAP 3A(b)(7). Accordingly, we

ORDER the petition DENIED.