Guam § 39310 - Hearing and Order.

§ 39310. Hearing and Order.

(a) Unless the court issues a temporary emergency order pursuant to §

39204, 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 section 39305 and that:

(A) the issuing court did not have jurisdiction under Article

2;

(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; or

(C) the respondent was entitled to notice, but notice was not

given in accordance with the standards of section 108, 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 section 39305 but has been

vacated, stayed, or modified by a court of a State having jurisdiction to

do so under Article 2.

(b) The court shall award the fees, costs, and expenses authorized under

section 39312 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.

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CH. 39 UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT

(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 Article.