(a) Unless the court issues a temporary emergency order pursuant to section 16-4602.04, 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 child-custody determination has not been registered and confirmed under section 16-4603.05 and that:
(A) The issuing court did not have jurisdiction under subchapter II 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 subchapter II of this chapter; or
(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 16-4601.07, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child-custody determination for which enforcement is sought was registered and confirmed under section 16-4603.05 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter II of this chapter.
(b) The court shall award the fees, costs, and expenses authorized under section 16-4603.12 and may grant additional relief, including a request for the assistance of the Metropolitan Police Department or other 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 subchapter.
CREDIT(S)
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
Uniform Law
This section is based upon § 310 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.