TITLE 32

DOMESTIC RELATIONS

CHAPTER 11

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

PART 3

ENFORCEMENT

32-11-310.  Hearing and order. (a) Unless the court issues a temporary emergency order pursuant to section 32-11-204, Idaho Code, 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 32-11-305, Idaho Code, and that:

(A)  The issuing court did not have jurisdiction under part 2 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 part 2 of this chapter; or

(C)  The respondent was entitled to notice, but notice was not given in accordance with the standards of section 32-11-108, Idaho Code, 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 32-11-305, Idaho Code, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under part 2 of this chapter.

(b)  The court shall award the fees, costs and expenses authorized under section 32-11-312, Idaho Code, 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.

(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 part 3 of this chapter.

History:

[32-11-310, added 2000, ch. 227, sec. 2, p. 637.]