§ 458-A:31 — Hearing and Order

I. Unless the court issues a temporary emergency order pursuant to RSA 458-A:15, 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 RSA 458-A:26 and that:
(1) The issuing court did not have jurisdiction under RSA 458-A:12 through RSA 458-A:21;
(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 RSA 458-A:12 through RSA 458-A:21; or
(3) The respondent was entitled to notice, but notice was not given in accordance with the standards of RSA 458-A:7, 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 RSA 458-A:26 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under RSA 458-A:12 through RSA 458-A:21.
II. The court shall award the fees, costs, and expenses authorized under RSA 458-A:33 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.
III. 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.
IV. 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 subdivision.

Legislative History

2009, 191:1, eff. Dec. 1, 2010.