(1)Unless the court issues a temporary emergency order pursuant to section
14-13-204, 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 14-13-305 and that:
(I)The issuing court did not have jurisdiction under part 2 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 a
provision of law adopted by that state that is in substantial conformity with part 2 of this
article; or
(III)The respondent was entitled to notice, but notice was not given in
accordance
with standards in substantial conformity with the standards set forth in section
14-13-108,
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 14-13-305 but has been vacated, stayed, or modified by a
court
of a state having jurisdiction to do so under this part 3.
(2)The court shall award the fees, costs, and expenses authorized under section
14-13-312 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 child may not
be
invoked in a proceeding under this part 3.
(5)A privilege against disclosure of communications between partners in a civil
union and a defense of immunity based on the relationship of partners in a civil union or
parent and child may not be invoked in a proceeding under this part 3.