A. Unless the court issues a temporary emergency order in accordance with section 25-1034, 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 either of the following is true:

Terms Used In Arizona Laws 25-1060

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Court: means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. See Arizona Laws 25-1002
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Arizona Laws 25-1002
  • 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.
  • Physical custody: means the physical care and supervision of a child. See Arizona Laws 25-1002
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 25-1002
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

1. The child custody determination has not been registered and confirmed under section 25-1053 and that any of the following is true:

(a) The issuing court did not have jurisdiction under article 2 of this chapter.

(b) 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 article 2 of this chapter.

(c) The respondent was entitled to notice, but notice was not given in accordance with section 25-1008, in the proceedings before the court that issued the order for which enforcement is sought.

2. The child custody determination for which enforcement is sought was registered and confirmed under section 25-1055 but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 2 of this chapter.

B. The court shall award the fees, costs and expenses authorized under section 25-1062, may grant additional relief, including a request for the assistance of law enforcement officials, and may 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 shall not be invoked in a proceeding under this article.