N.Y.
Domestic Relations Law Section 77-I
Hearing and order
1.
Unless the court issues a temporary emergency order pursuant to § 76-C (Temporary emergency jurisdiction)section seventy-six-c of this article, 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:(a)
the child custody determination has not been registered and confirmed under § 77-D (Registration of child custody determination)section seventy-seven-d of this title and that:(i)
the issuing court did not have jurisdiction under title two of this article;(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 title two of this article or enforcement of the determination would violate subdivision one-c of § 240 (Custody and child support)section two hundred forty of this chapter or section one thousand eighty-five of the family court act; or(iii)
the respondent was entitled to notice, but notice was not given in accordance with the standards of § 75-G (Notice to persons outside state)section seventy-five-g of this article, in the proceedings before the court that issued the order for which enforcement is sought; or(b)
the child custody determination for which enforcement is sought was registered and confirmed under § 77-D (Registration of child custody determination)section seventy-seven-d of this title but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under title two of this article.2.
The court shall award the fees, costs, and expenses authorized under § 77-K (Costs, fees and expenses)section seventy-seven-k of this title 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 act.
Source:
Section 77-I — Hearing and order, https://www.nysenate.gov/legislation/laws/DOM/77-I (updated Sep. 22, 2014; accessed Oct. 26, 2024).
