New York § 77-I Hearing and order

New York Statutes

§ 77-I — Hearing and order

New York § 77-I

Law DOMDomestic Relations

Title 3Enforcement

Art. 5-AUniform Child Custody Jurisdiction and Enforcement Act

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Bluebook

N.Y. Domestic Relations § 77-I (2026).

Text

§ 77-i. Hearing and order.

1.Unless the court issues a temporary\nemergency order pursuant to section seventy-six-c of this article, upon\na finding that a petitioner is entitled to immediate physical custody of\nthe child, the court shall order that the petitioner may take immediate\nphysical custody of the child unless the respondent establishes that:\n (a) the child custody determination has not been registered and\nconfirmed under section seventy-seven-d of this title and that:\n (i) the issuing court did not have jurisdiction under title two of\nthis article;\n (ii) the child custody determination for which enforcement is sought\nhas been vacated, stayed, or modified by a court of a state having\njurisdiction to do so under title two of this article or enforcement of\nthe determ

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§ 77-i. Hearing and order. 1. Unless the court issues a temporary\nemergency order pursuant to section seventy-six-c of this article, upon\na finding that a petitioner is entitled to immediate physical custody of\nthe child, the court shall order that the petitioner may take immediate\nphysical custody of the child unless the respondent establishes that:\n (a) the child custody determination has not been registered and\nconfirmed under section seventy-seven-d of this title and that:\n (i) the issuing court did not have jurisdiction under title two of\nthis article;\n (ii) the child custody determination for which enforcement is sought\nhas been vacated, stayed, or modified by a court of a state having\njurisdiction to do so under title two of this article or enforcement of\nthe determination would violate subdivision one-c of section two hundred\nforty of this chapter or section one thousand eighty-five of the family\ncourt act; or\n (iii) the respondent was entitled to notice, but notice was not given\nin accordance with the standards of section seventy-five-g of this\narticle, in the proceedings before the court that issued the order for\nwhich enforcement is sought; or\n (b) the child custody determination for which enforcement is sought\nwas registered and confirmed under section seventy-seven-d of this title\nbut has been vacated, stayed, or modified by a court of a state having\njurisdiction to do so under title two of this article.\n 2. The court shall award the fees, costs, and expenses authorized\nunder section seventy-seven-k of this title and may grant additional\nrelief, including a request for the assistance of law enforcement\nofficials, and set a further hearing to determine whether additional\nrelief is appropriate.\n 3. If a party called to testify refuses to answer on the ground that\nthe testimony may be self-incriminating, the court may draw an adverse\ninference from the refusal.\n 4. A privilege against disclosure of communications between spouses\nand a defense of immunity based on the relationship of husband and wife\nor parent and child may not be invoked in a proceeding under this act.\n