{"data":{"id":"us-ny/n.y.-domestic-relations-law-77-i","jurisdiction":"us-ny","citation":"N.Y. Domestic Relations Law § 77-i","heading":"Hearing and order","body":"§ 77-i. Hearing and order. 1. Unless the court issues a temporary\nemergency order pursuant to section seventy-six-c of this article, upon\na finding that a petitioner is entitled to immediate physical custody of\nthe child, the court shall order that the petitioner may take immediate\nphysical custody of the child unless the respondent establishes that:\n  (a) the child custody determination has not been registered and\nconfirmed under section seventy-seven-d of this title and that:\n  (i) the issuing court did not have jurisdiction under title two of\nthis article;\n  (ii) the child custody determination for which enforcement is sought\nhas been vacated, stayed, or modified by a court of a state having\njurisdiction to do so under title two of this article or enforcement of\nthe determination would violate subdivision one-c of section two hundred\nforty of this chapter or section one thousand eighty-five of the family\ncourt act; or\n  (iii) the respondent was entitled to notice, but notice was not given\nin accordance with the standards of section seventy-five-g of this\narticle, in the proceedings before the court that issued the order for\nwhich enforcement is sought; or\n  (b) the child custody determination for which enforcement is sought\nwas registered and confirmed under section seventy-seven-d of this title\nbut has been vacated, stayed, or modified by a court of a state having\njurisdiction to do so under title two of this article.\n  2. The court shall award the fees, costs, and expenses authorized\nunder section seventy-seven-k of this title and may grant additional\nrelief, including a request for the assistance of law enforcement\nofficials, and set a further hearing to determine whether additional\nrelief is appropriate.\n  3. If a party called to testify refuses to answer on the ground that\nthe testimony may be self-incriminating, the court may draw an adverse\ninference from the refusal.\n  4. A privilege against disclosure of communications between spouses\nand a defense of immunity based on the relationship of husband and wife\nor parent and child may not be invoked in a proceeding under this act.","path":["Domestic Relations Law","Article 5-A. Uniform Child Custody Jurisdiction and Enforcement Act","Title 3. Enforcement"],"source_url":"https://legislation.nysenate.gov/api/3/laws/DOM/77-I","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:44Z","sha256":"19b007c11bb983dc4486f870b699906bd4d4aa7b4b43a16d1125cb6506044425","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-domestic-relations-law-77-h","next":"us-ny/n.y.-domestic-relations-law-77-j"},"notice":"GroundRules: Original legal text. Not legal advice."}