§ 36-6-234 — Order for immediate physical custody - Fees, costs and expenses - Party refusal to testify - Husband and wife communications as evidence

(a) Unless the court issues a temporary emergency order pursuant to § 36-6-219 , 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: (1) The child-custody determination has not been registered and confirmed under § 36-6-229 and that: (A) The issuing court did not have jurisdiction under this part; (B) 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 this part; or (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) The child-custody determination for which enforcement is sought was registered and confirmed under § 36-6-229 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part. (b) The court shall award the fees, costs, and expenses authorized under § 36-6-236 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. (c) 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. (d) 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

Acts 1999, ch. 389, § 35.