(1) Unless the court issues a temporary emergency order under Section 93-27-204, 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:
(a) The child custody determination has not been registered and confirmed under Section 93-27-305 and that:
(i) The issuing court did not have jurisdiction under Article 2;
(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 Article 2; or
(iii) The respondent was entitled to notice, but notice was not given in accordance with the standards of Section 93-27-108, in the proceedings before the court that issued the order for which enforcement is sought; or
(b) The child custody determination for which enforcement is sought was registered and confirmed under Section 93-27-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
(2) The court shall award the fees, costs, and expenses authorized under Section 93-27-312 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 child may not be invoked in a proceeding under this Article 3.
Sources: Laws, 2004, ch. 519, § 31, eff from and after July 1, 2004.
(1) Unless the court issues a temporary emergency order under Section 93-27-204, 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:
(a) The child custody determination has not been registered and confirmed under Section 93-27-305 and that:
(i) The issuing court did not have jurisdiction under Article 2;
(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 Article 2; or
(iii) The respondent was entitled to notice, but notice was not given in accordance with the standards of Section 93-27-108, in the proceedings before the court that issued the order for which enforcement is sought; or
(b) The child custody determination for which enforcement is sought was registered and confirmed under Section 93-27-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
(2) The court shall award the fees, costs, and expenses authorized under Section 93-27-312 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 child may not be invoked in a proceeding under this Article 3.
Sources: Laws, 2004, ch. 519, § 31, eff from and after July 1, 2004.
(1) Unless the court issues a temporary emergency order under Section 93-27-204, 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:
(a) The child custody determination has not been registered and confirmed under Section 93-27-305 and that:
(i) The issuing court did not have jurisdiction under Article 2;
(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 Article 2; or
(iii) The respondent was entitled to notice, but notice was not given in accordance with the standards of Section 93-27-108, in the proceedings before the court that issued the order for which enforcement is sought; or
(b) The child custody determination for which enforcement is sought was registered and confirmed under Section 93-27-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
(2) The court shall award the fees, costs, and expenses authorized under Section 93-27-312 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 child may not be invoked in a proceeding under this Article 3.
Sources: Laws, 2004, ch. 519, § 31, eff from and after July 1, 2004.
