Hearing and order




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25-106025-1060.  Hearing and order

A.  Unless the court issues a temporary emergency order in accordance with section 25 1034, on 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 either of the following is true:

1.  The child custody determination has not been registered and confirmed under section 25 1053 and that any of the following is true:

(a)  The issuing court did not have jurisdiction under article 2 of this chapter.

(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 article 2 of this chapter.

(c)  The respondent was entitled to notice, but notice was not given in accordance with section 25 1008, in the proceedings before the court that issued the order for which enforcement is sought.

2.  The child custody determination for which enforcement is sought was registered and confirmed under section 25 1055 but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 2 of this chapter.

B.  The court shall award the fees, costs and expenses authorized under section 25 1062, 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.



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 shall not be invoked in a proceeding under this article.25-1060


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