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§ 9.5-310. Hearing and order

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 9.5. Maryland Uniform Child Custody Jurisdiction and Enforcement Act (Refs & Annos)
Subtitle 3. Enforcement (Refs & Annos)
MD Code, Family Law, § 9.5-310
§ 9.5-310. Hearing and order
Currentness
Physical custody of child
(a) Unless the court issues a temporary emergency order in accordance with § 9.5-204 of this title, 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:
(1) the child custody determination has not been registered and confirmed under § 9.5-305 of this subtitle and that:
(i) the issuing court did not have jurisdiction under Subtitle 2 of this title;
(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 Subtitle 2 of this title; or
(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9.5-107 of this title, 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 § 9.5-305 of this subtitle but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subtitle 2 of this title.
Fees and expenses
(b) The court shall award the fees, costs, and expenses authorized under § 9.5-312 of this subtitle 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.
Refusal to give testimony
(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.
Privileged communication
(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 subtitle.

Credits

Added by Acts 2004, c. 502, § 2, eff. Oct. 1, 2004.
MD Code, Family Law, § 9.5-310, MD FAMILY § 9.5-310
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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