{"data":{"id":"us-hi/haw.-rev.-stat.-583a-310","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 583A-310","heading":"Hearing and order.","body":"(a) Unless the court issues a temporary emergency order pursuant to section 583A-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:\n\n(1) The issuing court did not have jurisdiction under part II;\n\n(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 part II; or\n\n(3) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 583A-108, in the proceedings before the court that issued the order for which enforcement is sought.\n\n(b) The court may award the fees, costs, and expenses authorized under section 583A-312 and may grant additional relief, including a request for the assistance of law enforcement officers, 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 part.","path":["HI Code","Division 3","Title 31","Chapter 583A"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0583A/HRS_0583A-0310.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"920d1c0a83ebd37212cfaf31a7c4aaf2d28998c94b56ad92bd70c60db43c14ff","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-583a-309","next":"us-hi/haw.-rev.-stat.-583a-311"},"notice":"GroundRules: Original legal text. Not legal advice."}