Court overturns ruling against Norwegian mom

Sandy Thompson

Friday, April 12, 2002 | 9:22 a.m.

The Nevada Supreme Court ruled Thursday that Clark County Family Court erred in a controversial custody decision involving a Norwegian mother and her two young daughters.

Family Court had no jurisdiction over custody matters in the divorce case of Scotlund and Cisilie Vaile because neither they nor their two daughters ever lived in Nevada, the justices wrote. Since Scotlund used the invalid custody ruling to take the girls from their mother, the court ruled that the girls be returned to her in Norway.

The Supreme Court also found that Family Court "manifestly abused its discretion" by failing to follow Hague Convention rules that would have returned the girls to Norway.

The court found that Scotlund fraudulently obtained a divorce in 1998 because he lied about being a resident of Nevada. State law requires that a person seeking a divorce be a resident of Nevada for six weeks. Scotlund, who had been living in London, came to Las Vegas only five days before he filed for divorce. Cisilie and the girls were living in Norway at the time.

In August 1998 Judge Dianne Steel granted the uncontested divorce in chambers without a hearing.

The high court said Steel relied on a false affidavit to corroborate Scotlund's residency. The judge, the justices said, "was required to hear the live testimony of both Scotlund and his resident witness before entering the decree of divorce ... A hearing might have uncovered the truth and the jurisdictional defect in this case."

A year after obtaining the divorce, Scotlund demanded that Cisilie and the girls leave Norway to set up a residence near him in the United States, as stipulated in a custody agreement. Cisilie refused, saying Scotlund forced her to sign the agreement.

Although he was living in another state, Scotlund filed a motion for custody in Family Court, claiming he and the girls had lived in Nevada "all their lives." Instead of responding to his motion, Cisilie filed for custody in Norway.

On March 29, 2000, Steel, unaware of any proceedings in Norway, granted Scotlund's motion for custody and held Cisilie in contempt for not responding. Two months later Scotlund flew to Norway and took the girls, then 5 and 9. Since then Scotlund and the girls have resided in Texas.

The Norwegian government hired Las Vegas attorney Marshal Willick to represent Cisilie in Las Vegas. Willick asked Steel to reverse her custody decision and immediately return the girls to Cisilie, saying they had been kidnapped and, according to the Hague Convention, must be returned to their "habitual residence" in Norway. He challenged Family Court's jurisdiction, since neither the girls nor their parents ever lived in Nevada.

Steel denied Cisilie's motions, and Willick appealed to the Supreme Court.

Although the Supreme Court found that the divorce had been fraudulently obtained, it would not void the decree. Its ruling only applied to the custody decision.

In a dissenting opinion, Chief Justice Bill Maupin and Justice Cliff Young said the divorce should be voided in its entirety.