23-37,310.

333 words·~2 min read·/ks/chapter-23/23-37-32

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

23-37,310. Hearing and order. (UCCJEA 310).

(a)Unless the court issues a temporary emergency order pursuant to K.S.A. 23-37,204 , and amendments thereto, 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 child-custody determination has not been registered and confirmed under K.S.A. 23-37,305 , and amendments thereto, and that:

(A)The issuing court did not have jurisdiction under K.S.A. 23-37,201 through 23-37,210 , and amendments thereto;

(B)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 K.S.A. 23-37,201 through 23-37,210 , and amendments thereto; or

(C)the respondent was entitled to notice, but notice was not given in accordance with the standards of K.S.A. 23-37,108 , and amendments thereto, in the proceedings before the court that issued the order for which enforcement is sought; or

(2)the child-custody determination for which enforcement is sought was registered and confirmed under K.S.A. 23-37,305 , and amendments thereto, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under K.S.A. 23-37,201 through 23-37,210 , and amendments thereto.

(b)The court shall award the fees, costs, and expenses authorized under K.S.A. 23-37,312 , and amendments thereto, and may grant additional relief, including a request for the assistance of law enforcement officials, 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 K.S.A. 23-37,301 through 23-37,317 , and amendments thereto.