2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 1 - Domestic Relations
CHAPTER 598B - UNIFORM CHILD=CUSTODY JURISDICTION AND ENFORCEMENT
598B.310 - HEARING AND ORDER.

        598B.310  HEARING AND ORDER.
         1.  Unless the court issues a temporary emergency order pursuant
      to section 598B.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 any of the following applies:
         a.  The child-custody determination has not been registered
      and confirmed under section 598B.305, and that any of the following
      applies:
         (1)  The issuing court did not have jurisdiction under article II.

         (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 article II.
         (3)  The respondent was entitled to notice, but notice was not
      given in accordance with the standards of section 598B.108, in the
      proceedings before the court that issued the order for which
      enforcement is sought.
         b.  The child-custody determination for which enforcement is
      sought was registered and confirmed under section 598B.305, but has
      been vacated, stayed, or modified by a court of a state having
      jurisdiction to do so under article II.
         2.  The court shall award the fees, costs, and expenses authorized
      under section 598B.312, 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.
         3.  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.
         4.  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 shall not be invoked in a
      proceeding under this article.  
         Section History: Recent Form
         99 Acts, ch 103, §32

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