Colorado § 14-13-310 Hearing and order

Colorado Statutes

§ 14-13-310 — Hearing and order

Colorado·Title 14 Domestic·Art. Uniform Child-custody Jurisdiction

(1)Unless the court issues a temporary emergency order pursuant to section 14-13-204, 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:

(a)The child-custody determination has not been registered and confirmed under section 14-13-305 and that:

(I)The issuing court did not have jurisdiction under part 2 of this article;

(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 a provision of law adopted by that state that is in substantial conformity with part 2 of this article; or

(III)The respondent was

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(1) Unless the court issues a temporary
emergency order pursuant to section 14-13-204, 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:

(a) The child-custody determination has not been registered and confirmed
under section 14-13-305 and that:

(I) The issuing court did not have jurisdiction under part 2 of this article;

(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 a provision of law adopted by that state that is in substantial conformity with
part 2 of this article; or

(III) The respondent was entitled to notice, but notice was not given in
accordance with standards in substantial conformity with the standards set forth in
section 14-13-108, 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 section 14-13-305 but has been vacated, stayed, or
modified by a court of a state having jurisdiction to do so under this part 3.

(2) The court shall award the fees, costs, and expenses authorized under
section 14-13-312 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.

(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 3.

(5) A privilege against disclosure of communications between partners in a
civil union and a defense of immunity based on the relationship of partners in a civil
union or parent and child may not be invoked in a proceeding under this part 3.

Colorado § 14-13-310 (Hearing and order) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.