43-1257. Hearing and order.

297 words·~1 min read·/ne/chapter-43/43-1257

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 43-1241 , 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 section 43-1252 and that:

(A)the issuing court did not have jurisdiction under sections 43-1238 to 43-1247 ;

(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 such sections; or

(C)the respondent was entitled to notice, but notice was not given in accordance with the standards of section 43-1233 , 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 section 43-1252 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 43-1238 to 43-1247 .

(b)The court shall award the fees, costs, and expenses authorized under section 43-1259 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 sections 43-1248 to 43-1264 .