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403.860 Hearing and order.
(1)
(2)
(3)
(4)
Unless the court issues a temporary emergency order pursuant to KRS
403.828, 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 KRS 403.850 and that:
1.
The issuing court did not have jurisdiction under Article 2;
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 2; or
3.
The respondent was entitled to notice, but notice was not given in
accordance with the standards of KRS 403.812, 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 KRS 403.850 but has been vacated,
stayed, or modified by a court of a state having jurisdiction to do so under
Article 2.
The court shall award the fees, costs, and expenses authorized under KRS
403.864 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 be self-incriminating, the court may draw an adverse inference from the
refusal.
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 Article 3.
Effective:July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 31, effective July 13, 2004.
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