2006 New York Code - Hearing And Order.



 
    §  77-i.  Hearing  and  order.  1. Unless the court issues a temporary
  emergency order pursuant to section seventy-six-c of this article,  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 seventy-seven-d of this title and that:
    (i)  the  issuing  court  did not have jurisdiction under title two of
  this article;
    (ii) 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 title two of this article or enforcement  of
  the determination would violate subdivision one-c of section two hundred
  forty  of this chapter or section one thousand eighty-five of the family
  court act; or
    (iii) the respondent was entitled to notice, but notice was not  given
  in  accordance  with  the  standards  of  section seventy-five-g of this
  article, 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 seventy-seven-d of this title
  but has been vacated, stayed, or modified by a court of a  state  having
  jurisdiction to do so under title two of this article.
    2.  The  court  shall  award  the fees, costs, and expenses authorized
  under section seventy-seven-k of this title  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 may not be invoked in a proceeding under this act.

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