                                 CODE OF VIRGINIA

HEARING AND ORDER (§ 20-146.31)

A. Unless the court issues a temporary emergency order pursuant to § 20-146.15,
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 under &#xA7;
   20-146.26 and that:
   				a. The issuing court did not have jurisdiction under Article 2 (&#xA7;
   20-146.12 et seq.);
   				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 (&#xA7; 20-146.12 et seq.); or
   				c. The respondent was entitled to notice, but notice was not given in
   accordance with the standards of &#xA7; 20-146.7, 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 under &#xA7; 20-146.26, but has been vacated, stayed, or modified
   by a court of a state having jurisdiction to do so under Article 2 (&#xA7;
   20-146.12 et seq.).

B. The court shall award the fees, costs, and expenses authorized under &#xA7;
20-146.33 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 between spouses or between parent
and child may not be invoked in a proceeding under this article.

HISTORY: 2001, c. 305; 2020, c. 900.