{"data":{"id":"us-nh/rsa-458-a-31","jurisdiction":"us-nh","citation":"RSA 458-A:31","heading":"Hearing and Order.","body":"I. Unless the court issues a temporary emergency order pursuant to RSA 458-A: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:\n(a) The child-custody determination has not been registered and confirmed under RSA 458-A:26 and that:\n(1) The issuing court did not have jurisdiction under RSA 458-A:12 through RSA 458-A: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 RSA 458-A:12 through RSA 458-A:21; or\n(3) The respondent was entitled to notice, but notice was not given in accordance with the standards of RSA 458-A:7, 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 RSA 458-A:26 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under RSA 458-A:12 through RSA 458-A:21.\nII. The court shall award the fees, costs, and expenses authorized under RSA 458-A:33 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.\nIII. 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.\nIV. 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 subdivision.","path":["Title XLIII: DOMESTIC RELATIONS","Chapter 458-A: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT","Enforcement"],"source_url":"https://gc.nh.gov/rsa/html/XLIII/458-A/458-A-31.htm","current_through":"2025 regular legislative session, or December 2025","vintage":"","retrieved_at":"2026-09-05T16:26:31Z","sha256":"99e7ef5135cb5c45ce47254c1018c515fa82d3527cc9d4cca93e57a37dec8024","source_id":"us-nh","stale":false,"prev":"us-nh/rsa-458-a-30","next":"us-nh/rsa-458-a-32"},"notice":"GroundRules: Original legal text. Not legal advice."}