This text of Iowa § 598B.310 (Hearing and order) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. Unless the court issues a temporary emergency order pursuant to section 598B.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 any of the following applies:
a. The child-custody determination has not been registered and confirmed under section
598B.305, and that any of the following applies:
(1)The issuing court did not have jurisdiction under article II.
(2)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 II.
(3)The respondent was entitled to notice, but notice was not given in accordance with
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1. Unless the court issues a temporary emergency order pursuant to section 598B.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 any of the following applies:
a. The child-custody determination has not been registered and confirmed under section
598B.305, and that any of the following applies:
(1) The issuing court did not have jurisdiction under article II.
(2) 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 II.
(3) The respondent was entitled to notice, but notice was not given in accordance with
the standards of section 598B.108, in the proceedings before the court that issued the order
for which enforcement is sought.
b. The child-custody determination for which enforcement is sought was registered and
confirmed under section 598B.305, but has been vacated, stayed, or modified by a court of a
state having jurisdiction to do so under article II.
2. The court shall award the fees, costs, and expenses authorized under section 598B.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 shall not be
invoked in a proceeding under this article.