2006 Code of Virginia § 20-146.31 - Hearing and order

20-146.31. Hearing and order.

A. Unless the court issues a temporary emergency order pursuant to 20-146.15, upon a finding that a petitioner is entitled to immediate physicalcustody of the child, the court shall order that the petitioner may takeimmediate physical custody of the child unless the respondent establishesthat:

1. The child custody determination has not been registered under 20-146.26and that:

a. The issuing court did not have jurisdiction under Article 2 ( 20-146.12et seq.) of this chapter;

b. The child custody determination for which enforcement is sought has beenvacated, stayed, or modified by a court of a state having jurisdiction to doso under Article 2 ( 20-146.12 et seq.) of this chapter; or

c. The respondent was entitled to notice, but notice was not given inaccordance with the standards of 20-146.7, in the proceedings before thecourt that issued the order for which enforcement is sought; or

2. The child custody determination for which enforcement is sought wasregistered under 20-146.26, but has been vacated, stayed, or modified by acourt of a state having jurisdiction to do so under Article 2 ( 20-146.12 etseq.) of this chapter.

B. The court shall award the fees, costs, and expenses authorized under 20-146.33 and may grant additional relief, including a request for theassistance of law-enforcement officials, and set a further hearing todetermine whether additional relief is appropriate.

C. If a party called to testify refuses to answer on the ground that thetestimony may be self-incriminating, the court may draw an adverse inferencefrom the refusal.

D. A privilege against disclosure of communications between spouses and adefense of immunity based on the relationship of husband and wife or parentand child may not be invoked in a proceeding under this article.

(2001, c. 305.)