§1770. Hearing and order








1. Immediate physical custody of child. 
Unless the court issues a temporary emergency order pursuant to section 1748, 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
1765 and that:



(1) The issuing court did not have jurisdiction under subchapter II;





(2) 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; or






(3) The respondent was entitled to notice, but notice was not given in accordance
with the standards of section 1738, in the proceedings before the court that issued
the order for which enforcement is sought; or [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]














B. The child custody determination for which enforcement is sought was registered and
confirmed under section 1765 but has been vacated, stayed or modified by a court of
a state having jurisdiction to do so under subchapter II. [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]








[
1999, c. 486, §3 (NEW);
1999, c. 486, §6 (AFF)
.]








2. Award of fees, costs and expenses. 
The court shall award the fees, costs and expenses authorized under section 1772
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.


[
1999, c. 486, §3 (NEW);
1999, c. 486, §6 (AFF)
.]








3. Refusal to answer. 
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.


[
1999, c. 486, §3 (NEW);
1999, c. 486, §6 (AFF)
.]








4. Privilege and immunity may not be invoked. 
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.


[
1999, c. 486, §3 (NEW);
1999, c. 486, §6 (AFF)
.]





SECTION HISTORY

1999, c. 486, §3 (NEW).
1999, c. 486, §6 (AFF).