(a) Unless the court issues a temporary emergency order pursuant to § 583A-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:
Terms Used In Hawaii Revised Statutes 583A-310
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The issuing court did not have jurisdiction under part 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 part II; or(3) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 583A-108, in the proceedings before the court that issued the order for which enforcement is sought.(b) The court may award the fees, costs, and expenses authorized under section 583A-312 and may grant additional relief, including a request for the assistance of law enforcement officers, 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 part.
