{"data":{"id":"us-ar/ark.-code-ann.-9-19-310","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 9-19-310","heading":"Hearing and order","body":"(a) Unless the court issues a temporary emergency order pursuant to § 9-19-204 , 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 § 9-19-305 and that: (A) the issuing court did not have jurisdiction under subchapter 2 of this chapter; (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 subchapter 2 of this chapter; or (C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , 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 § 9-19-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter. (b) The court shall award the fees, costs, and expenses authorized under § 9-19-312 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 subchapter. Acts 1999, No. 668, § 310\n\n(a) Unless the court issues a temporary emergency order pursuant to § 9-19-204 , 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 § 9-19-305 and that: (A) the issuing court did not have jurisdiction under subchapter 2 of this chapter; (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 subchapter 2 of this chapter; or (C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , 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 § 9-19-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter.\nwas not given in accordance with the standards of § 9-19-108 , 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 § 9-19-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter.\n\n(1) the child-custody determination has not been registered and confirmed under § 9-19-305 and that: (A) the issuing court did not have jurisdiction under subchapter 2 of this chapter; (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 subchapter 2 of this chapter; or (C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , in the proceedings before the court that issued the order for which enforcement is sought; or\n\n(A) the issuing court did not have jurisdiction under subchapter 2 of this chapter;\n\n(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 subchapter 2 of this chapter; or\n\n(C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , in the proceedings before the court that issued the order for which enforcement is sought; or\n\n(2) the child-custody determination for which enforcement is sought was registered and confirmed under § 9-19-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter.\n\n(b) The court shall award the fees, costs, and expenses authorized under § 9-19-312 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.\n\n(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.\n\n(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 subchapter.","path":["AR Code","Title 9","Chapter 19","Subchapter 3"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"2bf5025547de67c90a5a3468b28e5920481980b41b0c0366a58f61a5cf733125","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-9-19-309","next":"us-ar/ark.-code-ann.-9-19-311"},"notice":"GroundRules: Original legal text. Not legal advice."}