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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
Currentness
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

1
Title 43, § 551-204.
2
Title 43, § 551-305.
3
Title 43, § 551-201 et seq.
4
Title 43, § 551-312.
5
Title 43, § 551-301 et seq.
43 Okl. St. Ann. § 551-310, OK ST T. 43 § 551-310
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document