New Hampshire Revised Statutes 458-A:31 – Hearing and Order
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I. Unless the court issues a temporary emergency order pursuant to N.H. Rev. Stat. § 458-A:15, 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:
(a) The child-custody determination has not been registered and confirmed under N.H. Rev. Stat. § 458-A:26 and that:
(1) The issuing court did not have jurisdiction under N.H. Rev. Stat. § 458-A:12 through N.H. Rev. Stat. § 458-A:21;
(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 N.H. Rev. Stat. § 458-A:12 through N.H. Rev. Stat. § 458-A:21; or
(3) The respondent was entitled to notice, but notice was not given in accordance with the standards of N.H. Rev. Stat. § 458-A:7, 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 N.H. Rev. Stat. § 458-A:26 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under N.H. Rev. Stat. § 458-A:12 through N.H. Rev. Stat. § 458-A:21.
II. The court shall award the fees, costs, and expenses authorized under N.H. Rev. Stat. § 458-A:33 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.
III. 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.
IV. 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 subdivision.
(a) The child-custody determination has not been registered and confirmed under N.H. Rev. Stat. § 458-A:26 and that:
Terms Used In New Hampshire Revised Statutes 458-A:31
- 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.
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- 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 N.H. Rev. Stat. § 458-A:12 through N.H. Rev. Stat. § 458-A:21;
(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 N.H. Rev. Stat. § 458-A:12 through N.H. Rev. Stat. § 458-A:21; or
(3) The respondent was entitled to notice, but notice was not given in accordance with the standards of N.H. Rev. Stat. § 458-A:7, 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 N.H. Rev. Stat. § 458-A:26 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under N.H. Rev. Stat. § 458-A:12 through N.H. Rev. Stat. § 458-A:21.
II. The court shall award the fees, costs, and expenses authorized under N.H. Rev. Stat. § 458-A:33 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.
III. 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.
IV. 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 subdivision.