{"data":{"id":"us-ky/krs-403.860","jurisdiction":"us-ky","citation":"KRS 403.860","heading":"Hearing and order.","body":"(1) Unless the court issues a temporary emergency order pursuant to KRS 403.828,\nupon a finding that a petitioner is entitled to immediate physical custody of the\nchild, the court shall order that the petitioner may take immediate physical custody\nof the child unless the respondent establishes that:\n(a) The child custody determination has not been registered and confirmed under\nKRS 403.850 and that:\n1. The issuing court did not have jurisdiction under Article 2;\n2. The child custody determination for which enfo rcement is sought has\nbeen vacated, stayed, or modified by a court of a state having\njurisdiction to do so under Article 2; or\n3. The respondent was entitled to notice, but notice was not given in\naccordance with the standards of KRS 403.812, in the procee dings\nbefore the court that issued the order for which enforcement is sought; or\n(b) The child custody determination for which enforcement is sought was\nregistered and confirmed under KRS 403.850 but has been vacated, stayed, or\nmodified by a court of a state having jurisdiction to do so under Article 2.\n(2) The court shall award the fees, costs, and expenses authorized under KRS 403.864\nand may grant additional relief, including a request for the assistance of law\nenforcement officials, and set a further h earing to determine whether additional\nrelief is appropriate.\n(3) If a party called to testify refuses to answer on the ground that the testimony may be\nself-incriminating, the court may draw an adverse inference from the refusal.\n(4) A privilege against disclosure of communications between spouses and a defense of\nimmunity based on the relationship of husband and wife or parent and child may not\nbe invoked in a proceeding under Article 3.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17524","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:31Z","sha256":"f6303c6431c0b8003b1e96e5383cf54a1a946b1a72aff7d96e0e2070f371dd58","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.858","next":"us-ky/krs-403.862"},"notice":"GroundRules: Original legal text. Not legal advice."}