(a) Unless the court issues a temporary emergency order under Alaska Stat. § 25.30.330, on 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 Alaska Statutes 25.30.480

  • 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 child custody determination has not been registered and confirmed under Alaska Stat. § 25.30.430 and that

(A) the issuing court did not have jurisdiction under provisions substantially similar to Alaska Stat. § 25.30.30025.30.390;
(B) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Alaska Stat. § 25.30.30025.30.390 or provisions substantially similar to Alaska Stat. § 25.30.30025.30.390; or
(C) the respondent was entitled to notice, but notice was not given in accordance with Alaska Stat. § 25.30.840 or provisions substantially similar to Alaska Stat. § 25.30.30025.30.390 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 Alaska Stat. § 25.30.430 but has been vacated, stayed, or modified by a court having jurisdiction to do so under Alaska Stat. § 25.30.30025.30.390 or provisions substantially similar to Alaska Stat. § 25.30.30025.30.390.
(b) The court shall award the fees, costs, and expenses authorized under Alaska Stat. § 25.30.500 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 Alaska Stat. § 25.30.40025.30.590.