2020 Colorado Revised Statutes
Title 14 - Domestic Matters
Article 13. Uniform Child-custody Jurisdiction and Enforcement Act
Section 14-13-310. Hearing and order.
(1) Unless the court issues a temporary emergency order pursuant to section 14-13-204, 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 14-13-305 and that:
The issuing court did not have jurisdiction under part 2 of this article;
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 a provision of law adopted by that state that is in substantial conformity with part 2 of this article; or
The respondent was entitled to notice, but notice was not given in accordance withstandards in substantial conformity with the standards set forth in section 14-13-108, in the proceedings before the court that issued the order for which enforcement is sought; or
(b) The child-custody determination for which enforcement is sought was registered and confirmed under section 14-13-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part 3.
The court shall award the fees, costs, and expenses authorized under section 14-13312 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.
If a party called to testify refuses to answer on the ground that the testimony may beself-incriminating, the court may draw an adverse inference from the refusal.
A privilege against disclosure of communications between spouses and a defense ofimmunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this part 3.
A privilege against disclosure of communications between partners in a civil unionand a defense of immunity based on the relationship of partners in a civil union or parent and child may not be invoked in a proceeding under this part 3.
Source: L. 2000: Entire article R&RE, p. 1535, § 1, effective July 1. L. 2013: (5) added, (SB 13-011), ch. 49, p. 164, § 16, effective May 1.
