Cole (Melissa) v. Dist. Ct. (State)

126 (2012) (recognizing that an extraordinary writ petition was an appropriate vehicle to challenge an order that dismissed a petition alleging abuse and neglect). It is petitioner's burden to demonstrate that our extraordinary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). We have considered the petition, the answer, and the reply. Although the abuse and neglect petition was not filed within ten days after the protective custody hearing, the child was returned to his mother's care the day after the protective custody hearing. Under these circumstances, we conclude that our intervention by way of extraordinary relief is not warranted. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (stating that the issuance of an extraordinary writ is purely discretionary with this court). 1 Accordingly, we ORDER the petition DENIED. 2 Hardesty Parraguirre '44 - Cherry 'We take judicial notice that NRS 432B.490 wa substantively amended on May 24, 2013. See A.B. 174, 77th Leg. (Nev. 2013). 2 Inlight of our decision in this matter, we deny petitioner's motion for a stay, and we vacate the temporary stay imposed by our February 8, 2013, order. We further deny petitioner's motion to strike the answer. SUPREME COURT OF NEVADA 2 (0) 1947A cc: Hon. Robert Teuton, District Judge, Family Court Division Special Public Defender Attorney General/Carson City Clark County District Attorney/Juvenile Division Eighth District Court Clerk SUPREME COURT OF NEVADA (0) 1947A