[§583A-310] Hearing and order.

241 words·~1 min read·/hi/583a-310

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Unless the court issues a temporary emergency order pursuant to section 583A-204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(1)The issuing court did not have jurisdiction under part II;

(2)The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under part II; or

(3)The respondent was entitled to notice, but notice was not given in accordance with the standards of section 583A-108, in the proceedings before the court that issued the order for which enforcement is sought.

(b)The court may award the fees, costs, and expenses authorized under section 583A-312 and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate.

(c)If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

(d)A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this part. [L 2002, c 124, pt of §2]