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Utah Code
2025 Utah Code
Title 81 - Utah Domestic Relations Code
Chapter 11 - Uniform Child Custody Jurisdiction and Enforcement Act
Part 3 - Enforcement
Section 310 - Hearing and order.
Universal Citation:
UT Code § 81-11-310 (2025)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
Effective 9/1/2025
81-11-310. Hearing and order.
Renumbered and Amended by Chapter 426, 2025 General Session
81-11-310. Hearing and order.
- (1)Unless the court enters a temporary emergency order in accordance with Section 81-11-204, upon a finding that a petitioner is entitled to the physical custody of the minor child immediately, the court shall order the minor child delivered to the petitioner unless the respondent establishes that:
- (a)the child custody determination has not been registered and confirmed under Section 81-11-305, and that:
- (i)the issuing court did not have jurisdiction under Part 2, 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 Part 2, Jurisdiction, or federal law; or
- (iii)the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 81-11-107 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 81-11-305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction, or federal law.
- (a)the child custody determination has not been registered and confirmed under Section 81-11-305, and that:
- (2)The court shall award the fees, costs, and expenses authorized under Section 81-11-312 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 minor child may not be invoked in a proceeding under this chapter.
Renumbered and Amended by Chapter 426, 2025 General Session
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