§ 40-7-310 — Hearing And Order

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.

Legislative History

En. Sec. 34, Ch. 91, L. 1999.