The order requires the respondent to appear at a hearing on the next judicial day. The term "next judicial day" in this section means the next day when a judge is at the courthouse. At the hearing, the court will order the child to be delivered to the petitioner unless the respondent is prepared to assert that the issuing State lacked jurisdiction, that notice was not given in accordance with Section 108 [Me. cite section 1738], or that the order sought to be enforced has been vacated, modified, or stayed by a court with jurisdiction to do so under Article 2 [Me. cite subchapter II]. The court is also to order payment of the fees and expenses set out in Section 312 [Me. cite section 1772]. The court may set another hearing to determine whether additional relief available under this state's law should be granted.

If the order has been registered and confirmed in accordance with Section 304 [Me. cite section 1764], the only defense to enforcement is that the order has been vacated, stayed or modified since the registration proceeding by a court with jurisdiction to do so under Article 2 [Me. cite subchapter II].

§1769.__Service of petition and order

Except as otherwise provided in section 1771, the petition and order must be served by any method authorized by the law of this State upon the respondent and any person who has physical custody of the child.

Uniform Comment

In keeping with other sections of this Act, the question of how the petition and order should be served is left to local law.

§1770.__Hearing and order

1.__Immediate physical custody of child.__Unless the court issues a temporary emergency order pursuant to section 1748, 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: