Montana § 40-7-310 Hearing And Order

Montana Statutes

§ 40-7-310 — Hearing And Order

Montana § 40-7-310

Title 40FAMILY LAW

Ch. 7UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

Part 3Enforcement

This text of Montana § 40-7-310 (Hearing And Order) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 40-7-310 (2026).

Text

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)

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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.