| | | 3.__Order directing appearance; hearing.__Upon the filing of a | | petition, the court shall issue an order directing the respondent | | to appear in person with or without the child at a hearing and | | may enter any order necessary to ensure the safety of the parties | | and the child.__The hearing must be held on the next judicial day | | after service of the order unless that date is impossible.__In | | that event, the court shall hold the hearing on the first | | judicial day possible.__The court may extend the date of hearing | | at the request of the petitioner. |
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| | | 4.__Contents of order.__An order issued under subsection 3 | | must state the time and place of the hearing and advise the | | respondent that at the hearing the court will order that the | | petitioner may take immediate physical custody of the child and | | the payment of fees, costs and expenses under section 1772 and | | may schedule a hearing to determine whether further relief is | | appropriate, unless the respondent appears and establishes that: |
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| | | A.__The child custody determination has not been registered | | and confirmed under section 1765 and that: |
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| | | (1)__The issuing court did not have jurisdiction under | | subchapter II; |
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| | | (2)__The child custody determination for which | | enforcement is sought has been vacated, stayed or | | modified by a court having jurisdiction to do so under | | subchapter II; |
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| | | (3)__The respondent was entitled to notice, but notice | | was not given in accordance with the standards of | | section 1738, in the proceedings before the court that | | issued the order for which enforcement is sought; or |
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| | | B.__The child custody determination for which enforcement is | | sought was registered and confirmed under section 1764, but | | has been vacated, stayed or modified by a court of a state | | having jurisdiction to do so under subchapter II. |
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| | | This section provides the normal remedy that will be used in | | interstate cases: the production of the child in a summary, | | remedial process based on habeas corpus. |
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| | | The petition is intended to provide the court with as much | | information as possible. Attaching certified copies of all | | orders sought to be enforced allows the court to have the | | necessary information. Most of the information relates to the | | permissible | | scope of the court's inquiry. The petitioner has the |
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