19-9-90
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19-9-90.
(a)
Unless the court issues a temporary emergency order pursuant to Code Section
19-9-64, 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 Code
Section 19-9-85 and that:
(A)
The issuing court did not have jurisdiction under Part 2 of this article;
(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 article; or
(C)
The respondent was entitled to notice, but notice was not given in accordance
with the standards of Code Section 19-9-47, 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 Code Section 19-9-85 but has been vacated, stayed, or
modified by a court of a state having jurisdiction to do so under Part 2 of this
article.
(b)
The court shall award the fees, costs, and expenses authorized under Code
Section 19-9-92 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 this part.