LD 432
pg. 54
Page 53 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 55 of 63
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LR 316
Item 1

 
A.__The child custody determination has not been registered
and confirmed under section 1765 and that:

 
(1)__The issuing court did not have jurisdiction under
subchapter II;

 
(2)__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 II; or

 
(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

 
B.__The child custody determination for which enforcement is
sought was registered and confirmed under section 1765 but
has been vacated, stayed or modified by a court of a state
having jurisdiction to do so under subchapter II.

 
2.__Award of fees, costs and expenses.__The court shall award
the fees, costs and expenses authorized under section 1772 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.

 
3.__Refusal to answer.__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.

 
4.__Privilege and immunity may not be invoked.__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.

 
Uniform Comment

 
The scope of inquiry for the enforcing court is quite limited.
Federal law requires the court to enforce the custody
determination if the issuing state's decree was rendered in
compliance with the PKPA. 28 U.S.C. § 1738A(a). This Act
requires enforcement of custody determinations that are made in
conformity with Article 2 [Me. cite subchapter II] jurisdictional
rules.

 
The certified copy, or a copy of the certified copy, of the
custody determination entitling the petitioner to the child is


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