25-1060

25-1060. Hearing and order

A. Unless the court issues a temporary emergency order in accordance with
section 25-1034, on 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 either of the following is
true:

1. The child custody determination has not been registered and confirmed under
section 25-1053 and that any of the following is true:

(a) The issuing court did not have jurisdiction under article 2 of this chapter.

(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
article 2 of this chapter.

(c) The respondent was entitled to notice, but notice was not given in accordance
with section 25-1008, in the proceedings before the court that issued the order for which
enforcement is sought.

2. The child custody determination for which enforcement is sought was registered
and confirmed under section 25-1055 but has been vacated, stayed or modified by a court
of a state having jurisdiction to do so under article 2 of this chapter.

B. The court shall award the fees, costs and expenses authorized under section
25-1062, may grant additional relief, including a request for the assistance of law
enforcement officials, and may 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 shall not
be invoked in a proceeding under this article.