38-1367. Hearing and order.
38-1367
38-1367. Hearing and order.(UCCJEA 310). (a) Unless the court issues a temporaryemergency order pursuant to K.S.A. 38-1351 and amendments thereto, upon afindingthat a petitioner is entitled to immediate physical custody of the child, thecourt shall order that the petitioner may take immediate physical custody ofthe child unless the respondent establishes that:
(1) The child-custody determination has not been registered and confirmedunder K.S.A. 38-1362 and amendments thereto, and that:
(A) The issuing court did not have jurisdiction under K.S.A. 38-1348 through38-1357and amendments thereto;
(B) the child-custody determination for which enforcement is sought has beenvacated, stayed, or modified by a court of a state having jurisdiction to do sounder K.S.A. 38-1348 through 38-1357 and amendments thereto;or
(C) the respondent was entitled to notice, but notice was not givenin accordance with the standards of K.S.A. 38-1343 and amendments thereto,in the proceedings before the court that issued the order for which enforcementis sought; or
(2) the child-custody determination for which enforcement is soughtwas registered and confirmed under K.S.A. 38-1362 and amendments thereto,but has been vacated, stayed, or modified by a court of a state havingjurisdiction to do so under K.S.A. 38-1348 through 38-1357 and amendmentsthereto.
(b) The court shall award the fees, costs, and expenses authorized underK.S.A. 38-1369 and amendments thereto and may grant additional relief,including arequest for the assistance of law enforcement officials, and set a furtherhearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that thetestimony may be self-incriminating, the court may draw an adverse inferencefrom the refusal.
(d) A privilege against disclosure of communications between spousesand a defense of immunity based on the relationship of husband and wife orparent and child may not be invoked in a proceeding under K.S.A. 38-1358through38-1374 and amendments thereto.
History: L. 2000, ch. 171, § 62; July 1.