[§583A-310]  Hearing and order.  (a) 
Unless the court issues a temporary emergency order pursuant to section
583A-204, 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 issuing court did not have jurisdiction under
part II;



(2)  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 II; or



(3)  The respondent was entitled to notice, but notice
was not given in accordance with the standards of section 583A-108, in the
proceedings before the court that issued the order for which enforcement is
sought.



(b)  The court may award the fees, costs, and
expenses authorized under section 583A-312 and may grant additional relief,
including a request for the assistance of law enforcement officers, 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. [L 2002, c 124, pt of §2]