Utah Code 78B-13-310. Hearing and order
Current as of: 2024 | Check for updates
|
Other versions
(1) Unless the court enters a temporary emergency order pursuant to Section 78B-13-204 , upon a finding that a petitioner is entitled to the physical custody of the child immediately, the court shall order the child delivered to the petitioner unless the respondent establishes that:
Terms Used In Utah Code 78B-13-310
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Child: means an individual under 18 years of age and not married. See Utah Code 78B-13-102
- Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parent-time with respect to a child. See Utah Code 78B-13-102
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Utah Code 78B-13-102
- Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Utah Code 78B-13-102
- 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.
- Petitioner: means a person who seeks enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction. See Utah Code 78B-13-301
- Physical custody: means the physical care and supervision of a child. See Utah Code 78B-13-102
- Respondent: means a person against whom a proceeding has been commenced for enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction. See Utah Code 78B-13-301
- 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 Utah Code 78B-13-102
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1)(a) the child custody determination has not been registered and confirmed under Section 78B-13-305 , and that:
(1)(a)(i) the issuing court did not have jurisdiction under Part 2, Jurisdiction ;
(1)(a)(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 Part 2, Jurisdiction , or federal law; or
(1)(a)(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 78B-13-108 in the proceedings before the court that issued the order for which enforcement is sought; or
(1)(b) the child custody determination for which enforcement is sought was registered and confirmed under Section 78B-13-305 , but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction , or federal law.
(2) The court shall award the fees, costs, and expenses authorized under Section 78B-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 chapter.