78B-13-310 - Hearing and order.
78B-13-310. Hearing and order.
(1) Unless the court enters a temporary emergency order pursuant to Section78B-13-204, upon a finding that a petitioner is entitled to the physical custody of the childimmediately, the court shall order the child delivered to the petitioner unless the respondentestablishes that:
(a) the child custody determination has not been registered and confirmed under Section78B-13-305, and that:
(i) the issuing court did not have jurisdiction under Part 2, Jurisdiction;
(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 Part 2, Jurisdiction, orfederal law; or
(iii) the respondent was entitled to notice, but notice was not given in accordance withthe standards of Section 78B-13-108 in the proceedings before the court that issued the order forwhich enforcement is sought; or
(b) the child custody determination for which enforcement is sought was registered andconfirmed under Section 78B-13-305, but has been vacated, stayed, or modified by a court of astate having jurisdiction to do so under Part 2, Jurisdiction, or federal law.
(2) The court shall award the fees, costs, and expenses authorized under Section78B-13-312 and may grant additional relief, including a request for the assistance of lawenforcement officials, and set a further hearing to determine whether additional relief isappropriate.
(3) If a party called to testify refuses to answer on the ground that the testimony may beself-incriminating, the court may draw an adverse inference from the refusal.
(4) A privilege against disclosure of communications between spouses and a defense ofimmunity based on the relationship of husband and wife or parent and child may not be invokedin a proceeding under this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session