{"data":{"id":"us-mt/40-7-310","jurisdiction":"us-mt","citation":"40-7-310","heading":"Hearing and order.","body":"(1) Unless the court issues a temporary emergency order pursuant to 40-7-204, upon a finding that a petitioner is entitled to the physical custody of the child immediately, the court shall order the child delivered to the petitioner unless the respondent establishes that:\n(a) the child custody determination has not been registered and confirmed under 40-7-305 and that:\n(i) the issuing court did not have jurisdiction under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter;\n(ii) 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 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter or federal law; or\n(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of 40-7-106, in the proceedings before the court that issued the order for which enforcement is sought; or\n(b) the child custody determination for which enforcement is sought was registered and confirmed under 40-7-305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter or federal law.\n(2) The court shall award the fees, costs, and expenses authorized under 40-7-312 and may grant additional relief, including a request for the assistance of law enforcement officials, and may set a further hearing to determine whether additional relief is appropriate.\n(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.\n(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 this part.","path":["TITLE 40. FAMILY LAW","CHAPTER 7. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT","Part 3. Enforcement"],"source_url":"https://mca.legmt.gov/bills/mca/title_0400/chapter_0070/part_0030/section_0100/0400-0070-0030-0100.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:01Z","sha256":"57c1b97d372fe448ae7796224a71ffbe9268e4fcff19b79620e75594bf81f24b","source_id":"us-mt","stale":false,"prev":"us-mt/40-7-309","next":"us-mt/40-7-311"},"notice":"GroundRules: Original legal text. Not legal advice."}