Texas § FA.152.310 - HEARING AND ORDER

§ FA.152.310. HEARING AND ORDER

HEARING AND ORDER. (a) Unless the court issues a temporary emergency order pursuant to Section 152.204 , 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 152.305 and that: (A) the issuing court did not have jurisdiction under Subchapter C; (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 Subchapter C; or (C) the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 152.108 , 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 152.305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subchapter C. (b) The court shall award the fees, costs, and expenses authorized under Section 152.312 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 subchapter. Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.