South Carolina Code 63-15-368. Physical custody of child
(1) the child custody determination has not been registered and confirmed under § 63-15-358 and that:
Terms Used In South Carolina Code 63-15-368
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Child: means an individual who has not attained eighteen years of age. See South Carolina Code 63-15-302
- Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See South Carolina Code 63-15-302
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See South Carolina Code 63-15-302
- Issuing court: means the court that makes a child custody determination for which enforcement is sought under this article. See South Carolina Code 63-15-302
- 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.
- Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40
- Physical custody: means the physical care and supervision of a child. See South Carolina Code 63-15-302
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 63-15-302
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) the issuing court did not have jurisdiction under Subarticle 2;
(b) 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 Subarticle 2; or
(c) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 63-15-314, 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 § 63-15-358 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subarticle 2.
(B) The court shall award the fees, costs, and expenses authorized under § 63-15-372 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 this article.