(a) Unless the court issues a temporary emergency order under Alaska Stat. § 25.30.330, on 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

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Terms Used In Alaska Statutes 25.30.480

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) the child custody determination has not been registered and confirmed under Alaska Stat. § 25.30.430 and that

(A) the issuing court did not have jurisdiction under provisions substantially similar to Alaska Stat. § 25.30.300 – 25.30.390;
(B) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Alaska Stat. § 25.30.300 – 25.30.390 or provisions substantially similar to Alaska Stat. § 25.30.300 – 25.30.390; or
(C) the respondent was entitled to notice, but notice was not given in accordance with Alaska Stat. § 25.30.840 or provisions substantially similar to Alaska Stat. § 25.30.300 – 25.30.390 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 Alaska Stat. § 25.30.430 but has been vacated, stayed, or modified by a court having jurisdiction to do so under Alaska Stat. § 25.30.300 – 25.30.390 or provisions substantially similar to Alaska Stat. § 25.30.300 – 25.30.390.
(b) The court shall award the fees, costs, and expenses authorized under Alaska Stat. § 25.30.500 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) 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) 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 Alaska Stat. § 25.30.400 – 25.30.590.
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