§ 15-14.1-32 - Hearing and order.
SECTION 15-14.1-32
§ 15-14.1-32 Hearing and order. – (a) Unless the court issues a temporary emergency order, upon a finding that apetitioner is entitled to immediate physical custody of the child, the courtshall order that the petitioner may take immediate physical custody of thechild unless the respondent establishes that:
(1) The child custody determination has not been registeredand confirmed and that:
(i) The issuing court did not have jurisdiction;
(ii) The child custody determination for which enforcement issought has been vacated, stayed, or modified by a court of a state havingjurisdiction to do so; or
(iii) The respondent was entitled to notice, but notice wasnot given in the proceedings before the court that issued the order for whichenforcement is sought; or
(2) The child custody determination for which enforcement issought was registered and confirmed but has been vacated, stayed, or modifiedby a court of a state having jurisdiction to do so.
(b) The court may award the fees, costs, and expenses and maygrant additional relief, including a request for the assistance of lawenforcement officials, and set a further hearing to determine whetheradditional relief is appropriate.
(c) If a party called to testify refuses to answer on thegrounds that the testimony may be self-incriminating, the court may draw anadverse inference from the refusal.
(d) A privilege against disclosure of communications betweenspouses and a defense of immunity based on the relationship of husband and wifeor parent and child may not be invoked in a proceeding under this chapter.