§ 50A-310. Hearing and order. - North Carolina Statutes

§50A‑310.  Hearing and order.

(a)        Unless the courtissues a temporary emergency order pursuant to G.S. 50A‑204 upon afinding that a petitioner is entitled to immediate physical custody of thechild, the court shall order that the petitioner may take immediate physicalcustody of the child unless the respondent establishes that:

(1)        The child‑custodydetermination has not been registered and confirmed under G.S. 50A‑305and that:

a.         The issuing courtdid not have jurisdiction under Part 2;

b.         The child‑custodydetermination for which enforcement is sought has been vacated, stayed, ormodified by a court of a state having jurisdiction to do so under Part 2; or

c.         The respondent wasentitled to notice, but notice was not given in accordance with the standardsof G.S. 50A‑108 in the proceedings before the court that issued the orderfor which enforcement is sought; or

(2)        The child‑custodydetermination for which enforcement is sought was registered and confirmedunder G.S. 50A‑305 but has been vacated, stayed, or modified by a courtof a state having jurisdiction to do so under Part 2.

(b)        The court shallaward the fees, costs, and expenses authorized under G.S. 50A‑312 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 calledto 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 againstdisclosure of communications between spouses and a defense of immunity based onthe relationship of husband and wife or parent and child may not be invoked ina proceeding under this Part. (1979, c. 110, s. 1; 1999‑223,s. 3.)