{"data":{"id":"us-va/va.-code-20-146.31","jurisdiction":"us-va","citation":"Va. Code § 20-146.31","heading":"Hearing and order","body":"A. Unless the court issues a temporary emergency order pursuant to § 20-146.15, 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:1. The child custody determination has not been registered under § 20-146.26 and that:a. The issuing court did not have jurisdiction under Article 2 (§ 20-146.12 et seq.);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 Article 2 (§ 20-146.12 et seq.); orc. The respondent was entitled to notice, but notice was not given in accordance with the standards of § 20-146.7, in the proceedings before the court that issued the order for which enforcement is sought; or2. The child custody determination for which enforcement is sought was registered under § 20-146.26, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.).B. The court shall award the fees, costs, and expenses authorized under § 20-146.33 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.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 between spouses or between parent and child may not be invoked in a proceeding under this article.2001, c. 305; 2020, c. 900.","path":["Title 20. Domestic Relations","Chapter 7.1. Uniform Child Custody Jurisdiction and Enforcement Act","Article 3. Enforcement"],"source_url":"https://law.lis.virginia.gov/vacode/20-146.31/","current_through":"9/4/2026","vintage":"","retrieved_at":"2026-09-04T15:14:44Z","sha256":"bd8bcacd7e3735ec26de7ce644fc28e278c7693c2a3904f511288fce08764ebe","source_id":"us-va","stale":true,"prev":"us-va/va.-code-20-146.30","next":"us-va/va.-code-20-146.32"},"notice":"GroundRules: Original legal text. Not legal advice."}