{"data":{"id":"us-de/13-del.-c.-1939","jurisdiction":"us-de","citation":"13 Del. C. § 1939","heading":"Hearing and order.","body":"(a) Unless the court issues a temporary emergency order pursuant to § 1923 of this title, 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:\n(1) The child custody determination has not been registered and confirmed under § 1934 of this title and that:\na. The issuing court did not have jurisdiction under subchapter II of this chapter;\nb. 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 II of this chapter; or\nc. The respondent was entitled to notice, but notice was not given in accordance with the standards of § 1908 of this title, in the proceedings before the court that issued the order for which enforcement is sought; or\n(2) The child custody determination for which enforcement is sought was registered and confirmed under § 1934 of this title but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under subchapter II of this chapter.\n(b) The court shall award the fees, costs and expenses authorized under § 1941 of this title and may grant additional relief and set a further hearing to determine whether additional relief is appropriate.\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(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":["Title 13. Domestic Relations","CHAPTER 19. Uniform Child Custody Jurisdiction and Enforcement Act","Subchapter III. Enforcement"],"source_url":"https://delcode.delaware.gov/title13/c019/sc03/index.html#1939","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:17Z","sha256":"4967ecfaa3434260370efa7f2ee37acda5a21c35531f42711a6884ba30a58105","source_id":"us-de","stale":true,"prev":"us-de/13-del.-c.-1938","next":"us-de/13-del.-c.-1940"},"notice":"GroundRules: Original legal text. Not legal advice."}