40-7-310. Hearing and order.
328 words·~1 min read·
/mt/title-40/chapter-7/part-3/40-7-310·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
40-7-310 . Hearing and order.
(1)Unless the court issues a temporary emergency order pursuant to 40-7-204 , upon a finding that a petitioner is entitled to the physical custody of the child immediately, the court shall order the child delivered to the petitioner unless the respondent establishes that:
(a)the child custody determination has not been registered and confirmed under 40-7-305 and that:
(i)the issuing court did not have jurisdiction under 40-7-105 , 40-7-107 through 40-7-110 , 40-7-112 , and part 2 of this chapter;
(ii)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 40-7-105 , 40-7-107 through 40-7-110 , 40-7-112 , and part 2 of this chapter or federal law; or
(iii)the respondent was entitled to notice, but notice was not given in accordance with the standards of 40-7-106 , in the proceedings before the court that issued the order for which enforcement is sought; or
(b)the child custody determination for which enforcement is sought was registered and confirmed under 40-7-305 , but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under 40-7-105 , 40-7-107 through 40-7-110 , 40-7-112 , and part 2 of this chapter or federal law.
(2)The court shall award the fees, costs, and expenses authorized under 40-7-312 and may grant additional relief, including a request for the assistance of law enforcement officials, and may set a further hearing to determine whether additional relief is appropriate.
(3)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.
(4)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.