1. Unless the court issues a temporary emergency order pursuant to section 598B.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 any of the following applies:

 a. The child-custody determination has not been registered and confirmed under section 598B.305, and that any of the following applies:

 (1) The issuing court did not have jurisdiction under article 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 article II.
 (3) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 598B.108, in the proceedings before the court that issued the order for which enforcement is sought.
 b. The child-custody determination for which enforcement is sought was registered and confirmed under section 598B.305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under article II.

Terms Used In Iowa Code 598B.310

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Child: means an individual who has not attained eighteen years of age. See Iowa Code 598B.102
  • Child-custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See Iowa Code 598B.102
  • Court: means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination. See Iowa Code 598B.102
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Issuing court: means the court that makes a child-custody determination for which enforcement is sought under this chapter. See Iowa Code 598B.102
  • 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 Iowa Code 598B.102
  • 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 Iowa Code 598B.102
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
 2. The court shall award the fees, costs, and expenses authorized under section 598B.312, 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. 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. 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.
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