RSA 458-A:31 · Hearing and Order

458-A:31 Hearing and Order. –

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I.

Unless the court issues a temporary emergency order pursuant to RSA 458-A:15, 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:

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(a)

The child-custody determination has not been registered and confirmed under RSA 458-A:26 and that:

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(1)

The issuing court did not have jurisdiction under RSA 458-A:12 through RSA 458-A:21;

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(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 RSA 458-A:12 through RSA 458-A:21; or

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(3)

The respondent was entitled to notice, but notice was not given in accordance with the standards of RSA 458-A:7, in the proceedings before the court that issued the order for which enforcement is sought; or

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(b)

The child-custody determination for which enforcement is sought was registered and confirmed under RSA 458-A:26 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under RSA 458-A:12 through RSA 458-A:21.

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II.

The court shall award the fees, costs, and expenses authorized under RSA 458-A:33 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.

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III.

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.

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IV.

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 subdivision. Source. 2009, 191:1, eff. Dec. 1, 2010.

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