{"data":{"id":"us-nc/n.c.-gen.-stat.-50a-310","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 50A-310","heading":"Hearing and order.","body":"(a)\tUnless the court issues a temporary emergency order pursuant to G.S. 50A-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(1)\tThe child-custody determination has not been registered and confirmed under G.S. 50A-305 and that:\na.\tThe issuing court did not have jurisdiction under Part 2;\nb.\tThe 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 2; or\nc.\tThe respondent was entitled to notice, but notice was not given in accordance with the standards of G.S. 50A-108 in the proceedings before the court that issued the order for which enforcement is sought; or\n(2)\tThe child-custody determination for which enforcement is sought was registered and confirmed under G.S. 50A-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2.\n(b)\tThe court shall award the fees, costs, and expenses authorized under G.S. 50A-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(c)\tIf 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)\tA 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. (1979, c. 110, s. 1; 1999-223, s. 3.)","path":["Chapter 50A. Uniform Acts on Children.","Article 2. Uniform Child-Custody Jurisdiction and Enforcement Act.","Part 3. Enforcement."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_50A/GS_50A-310.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:04:27Z","sha256":"052ec993fc6ee753f4d2bc708ff456b26997223492ac2d51ba340c687d7c8ab1","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-50a-309","next":"us-nc/n.c.-gen.-stat.-50a-311"},"notice":"GroundRules: Original legal text. Not legal advice."}