Kentucky Statutes 403.860 – Hearing and order
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(1) Unless the court issues a temporary emergency order pursuant to KRS § 403.828, 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
KRS § 403.850 and that:
1. The issuing court did not have jurisdiction under Article 2;
2. 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 Article 2; or
3. The respondent was entitled to notice, but notice was not given in accordance with the standards of KRS § 403.812, 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 KRS § 403.850 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
(2) The court shall award the fees, costs, and expenses authorized under KRS § 403.864 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 Article 3.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 31, effective July 13, 2004.
(a) The child custody determination has not been registered and confirmed under
Terms Used In Kentucky Statutes 403.860
- 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.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
KRS § 403.850 and that:
1. The issuing court did not have jurisdiction under Article 2;
2. 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 Article 2; or
3. The respondent was entitled to notice, but notice was not given in accordance with the standards of KRS § 403.812, 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 KRS § 403.850 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
(2) The court shall award the fees, costs, and expenses authorized under KRS § 403.864 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 Article 3.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 31, effective July 13, 2004.