N.D. Cent. Code § 14-14.1-30: (310) Hearing and order

1.Unless the court issues a temporary emergency order under section 14-14.1-15, 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:

a.The child custody determination has not been registered and confirmed under section 14-14.1-25 and that:

(1)The issuing court did not have jurisdiction under sections 14-14.1-12 through 14-14.1-21;

(2)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 sections 14-14.1-12 through 14-14.1-21; or

(3)The respondent was entitled to notice, but notice was not given in accordance with section 14-14.1-07, 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 section 14-14.1-25 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 14-14.1-12 through 14-14.1-21.

2.The court shall award the fees, costs, and expenses authorized under section 14-14.1-32 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 sections 14-14.1-22 through 14-14.1-37.