{"data":{"id":"us-tn/tenn.-code-ann.-36-6-234","jurisdiction":"us-tn","citation":"Tenn. Code Ann. § 36-6-234","heading":"Order for immediate physical custody - Fees, costs and expenses - Party refusal to testify - Husband and wife communications as evidence","body":"(a) Unless the court issues a temporary emergency order pursuant to § 36-6-219 , 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: (1) The child-custody determination has not been registered and confirmed under § 36-6-229 and that: (A) The issuing court did not have jurisdiction under this part; (B) 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 this part; or (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) The child-custody determination for which enforcement is sought was registered and confirmed under § 36-6-229 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part. (b) The court shall award the fees, costs, and expenses authorized under § 36-6-236 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. (c) 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. (d) 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. Acts 1999, ch. 389, § 35.\n(a) Unless the court issues a temporary emergency order pursuant to § 36-6-219 , 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: (1) The child-custody determination has not been registered and confirmed under § 36-6-229 and that: (A) The issuing court did not have jurisdiction under this part; (B) 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 this part; or (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) The child-custody determination for which enforcement is sought was registered and confirmed under § 36-6-229 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part.\n(1) The child-custody determination has not been registered and confirmed under § 36-6-229 and that: (A) The issuing court did not have jurisdiction under this part; (B) 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 this part; or (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or\n(A) The issuing court did not have jurisdiction under this part;\n(B) 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 this part; or\n(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or\nr this part;\n(B) 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 this part; or\n(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211 , in the proceedings before the court that issued the order for which enforcement is sought; or\n(2) The child-custody determination for which enforcement is sought was registered and confirmed under § 36-6-229 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part.\n(b) The court shall award the fees, costs, and expenses authorized under § 36-6-236 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) 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(d) 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":["TN Code","Title 36","Chapter 6"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_tn_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:26Z","sha256":"215ce44aa879440a310674a19cda369a4465358a241642643e2eeb073e66dad8","source_id":"us-tn","stale":false,"prev":"us-tn/tenn.-code-ann.-36-6-233","next":"us-tn/tenn.-code-ann.-36-6-235"},"notice":"GroundRules: Original legal text. Not legal advice."}