{"data":{"id":"us-nd/n.d.-cent.-code-14-14.1-30","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 14-14.1-30","heading":"(310) Hearing and order","body":"1.Unless the court issues a temporary emergency order under section 14-14.1-15, 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:\na.The child custody determination has not been registered and confirmed under section 14-14.1-25 and that:\n(1)The issuing court did not have jurisdiction under sections 14-14.1-12 through 14-14.1-21;\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 sections 14-14.1-12 through 14-14.1-21; or\n(3)The respondent was entitled to notice, but notice was not given in accordance with section 14-14.1-07, in the proceedings before the court that issued the order for which enforcement is sought; or\nb.The child custody determination for which enforcement is sought was registered and confirmed under section 14-14.1-25 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 14-14.1-12 through 14-14.1-21.\n2.The court shall award the fees, costs, and expenses authorized under section 14-14.1-32 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.\n3.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.\n4.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 sections 14-14.1-22 through 14-14.1-37.","path":["Title 14 Domestic Relations And Persons","Chapter 14-14.1 Uniform Child Custody Jurisdiction And Enforcement Act"],"source_url":"https://ndlegis.gov/cencode/t14c14-1.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"9e4b3565c3b7eb5b7ac71c1bbbe9c54c0792eab46bf288b500aacaade3a24221","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-14-14.1-29","next":"us-nd/n.d.-cent.-code-14-14.1-31"},"notice":"GroundRules: Original legal text. Not legal advice."}