2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
5450 - Hearing and order.

     § 5450.  Hearing and order.
        (a)  General rule.--Unless the court issues a temporary
     emergency order pursuant to section 5424 (relating to temporary
     emergency jurisdiction), 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:
            (1)  the child custody determination has not been
        registered and confirmed under section 5445 (relating to
        registration of child custody determination) and that:
                (i)  the issuing court did not have jurisdiction
            under Subchapter B (relating to jurisdiction);
                (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 Subchapter B; or
                (iii)  the respondent was entitled to notice, but
            notice was not given in accordance with the standards of
            section 5408 (relating to notice to persons outside
            Commonwealth), in the proceedings before the court that
            issued the order for which enforcement is sought; or
            (2)  the child custody determination for which
        enforcement is sought was registered and confirmed under
        section 5445 but has been vacated, stayed or modified by a
        court of a state having jurisdiction to do so under
        Subchapter B.
        (b)  Costs, fees and expenses.--The court shall award the
     costs, fees and expenses authorized under section 5452 (relating
     to costs, fees and expenses) 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.
        (c)  Refusal to testify.--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.
        (d)  Spousal privilege unavailable.--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
     subchapter.