There is a newer version
of
this Section
2018 New Hampshire Revised Statutes
Title XLIII - Domestic Relations
Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act
Section 458-A:31 - Hearing and Order.
Universal Citation: NH Rev Stat § 458-A:31 (2018)
458-A:31 Hearing and Order. –
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:
(a) The child-custody determination has not been registered and confirmed under RSA 458-A:26 and that:
(1) The issuing court did not have jurisdiction under RSA 458-A:12 through RSA 458-A:21;
(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
(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
(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.
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.
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.
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.
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:
(a) The child-custody determination has not been registered and confirmed under RSA 458-A:26 and that:
(1) The issuing court did not have jurisdiction under RSA 458-A:12 through RSA 458-A:21;
(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
(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
(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.
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.
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.
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.
Disclaimer: These codes may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
