2019 New York Laws
DOM - Domestic Relations
Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act
Title 3 - Enforcement
77-I - 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.