North Carolina General Statutes 50A-310. Hearing and order
(a) Unless the court issues a temporary emergency order pursuant to N.C. Gen. Stat. § 50A-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:
(1) The child-custody determination has not been registered and confirmed under N.C. Gen. Stat. § 50A-305 and that:
a. The issuing court did not have jurisdiction under Part 2;
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 Part 2; or
c. The respondent was entitled to notice, but notice was not given in accordance with the standards of N.C. Gen. Stat. § 50A-108 in the proceedings before the court that issued the order for which enforcement is sought; or
Terms Used In North Carolina General Statutes 50A-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.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) The child-custody determination for which enforcement is sought was registered and confirmed under N.C. Gen. Stat. § 50A-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2.
(b) The court shall award the fees, costs, and expenses authorized under N.C. Gen. Stat. § 50A-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.
(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. (1979, c. 110, s. 1; 1999-223, s. 3.)