§ 81-11-310 — Hearing and order.

(1) Unless the court enters a temporary emergency order in accordance with Section 81-11-204, upon a finding that a petitioner is entitled to the physical custody of the minor child immediately, the court shall order the minor child delivered to the petitioner unless the respondent establishes that:
(1)(a) the child custody determination has not been registered and confirmed under Section 81-11-305, and that:
(1)(a)(i) the issuing court did not have jurisdiction under Part 2, Jurisdiction;
(1)(a)(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 Part 2, Jurisdiction, or federal law; or
(1)(a)(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 81-11-107 in the proceedings before the court that issued the order for which enforcement is sought; or
(1)(b) the child custody determination for which enforcement is sought was registered and confirmed under Section 81-11-305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction, or federal law.
(2) The court shall award the fees, costs, and expenses authorized under Section 81-11-312 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.
(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 minor child may not be invoked in a proceeding under this chapter.

Legislative History

Renumbered and Amended by Chapter 426, 2025 General Session