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§ 551-310. Hearing and order

Oklahoma Statutes AnnotatedTitle 43. Marriage and Family

Oklahoma Statutes Annotated
Title 43. Marriage and Family (Refs & Annos)
Uniform Child Custody Jurisdiction and Enforcement Act (Refs & Annos)
Article 3. Enforcement
43 Okl.St.Ann. § 551-310
§ 551-310. Hearing and order
HEARING AND ORDER
A. Unless the court issues a temporary emergency order pursuant to Section 16 of this act,1 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:
1. The child custody determination has not been registered and confirmed under Section 27 of this act2 and that:
a. the issuing court did not have jurisdiction under Article 2 of this act,3
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 Article 2 of this act, or
c. the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 8 of this act, 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 Section 27 of this act, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 of this act.
B. The court shall award the fees, costs, and expenses authorized under Section 34 of this act4 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.5

Credits

Laws 1998, c. 407, § 32, eff. Nov. 1, 1998.

Footnotes

Title 43, § 551-204.
Title 43, § 551-305.
Title 43, § 551-201 et seq.
Title 43, § 551-312.
Title 43, § 551-301 et seq.
43 Okl. St. Ann. § 551-310, OK ST T. 43 § 551-310
Current with legislation of the Second Regular Session of the 59th Legislature (2024) effective as of July 1, 2024. Some sections may be more current, see credits for details.
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