§ 20-5-410 — Hearing and order

Wyoming § 20-5-410

• Jurisdiction: Wyoming
• Title 20: Domestic Relations
• Ch. 5: CHILD CUSTODY
• Art. 4: ENFORCEMENT

Text

(a) Unless the court issues a temporary emergency order
pursuant to W.S. 20-5-304, 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 either
that:
(i) The child custody determination for which
enforcement is sought was registered and confirmed under W.S.
20-5-405 but has been vacated, stayed or modified by a court of
a state having jurisdiction to do so under article 3 of this
act; or
(ii) The child custody determination has not been
registered and confirmed under W.S. 20-5-405 and that:
(A) The issuing court did not have jurisdiction
under a provision of law from that state that is in substantial
conformity with article 3 of this act;
(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 a provision
of law from that state that is in substantial conformity with
article 3 of this act; or
(C) The respondent was entitled to notice, but
notice was not given in accordance with the standards under a
provision of law from that state that is in substantial
conformity with W.S. 20-5-208, in the proceedings before the
court that issued the order for which enforcement is sought.
(b) The court shall award the fees, costs and expenses
authorized under W.S. 20-5-412 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 article.