(a) Unless the court issues a temporary emergency order pursuant to section 46b-115n, the court shall enforce the child custody determination and if appropriate, order the petitioner to take immediate physical custody of the child unless the respondent establishes that: (1) The child custody determination has not been registered and confirmed pursuant to section 46b-115w and (A) the court issuing the order for which enforcement is sought did not have jurisdiction under section 46b-115k, 46b-115l or 46b-115m or a provision substantially similar to said sections; (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 section 46b-115k, 46b-115l or 46b-115m or a provision substantially similar to said sections; or (C) the respondent was entitled to notice, but notice of the proceedings before the court that issued the order for which enforcement is sought was not given in accordance with section 46b-115g or in a manner reasonably calculated to give actual notice; or (2) the child custody determination for which enforcement is sought was registered and confirmed pursuant to section 46b-115w, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under section 46b-115k, 46b-115l or 46b-115m.
(b) The court shall award the fees, costs and expenses as provided in section 46b-115ee and may grant additional relief, including a request for the assistance of law enforcement officials.
(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 sections 46b-115u to 46b-115gg, inclusive.
(P.A. 99-185, S. 30, 40.)
History: P.A. 99-185 effective July 1, 2000.
Structure Connecticut General Statutes
Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act
Section 46b-115. - Short title: Uniform Child Custody Jurisdiction and Enforcement Act.
Section 46b-115a. - Definitions.
Section 46b-115b. - Proceedings governed by other law.
Section 46b-115c. - Application to Indian tribes.
Section 46b-115d. - International application of chapter.
Section 46b-115e. - Effect of child custody determination.
Section 46b-115g. - Notice to persons outside state; submission to jurisdiction.
Section 46b-115h. - Communication between courts.
Section 46b-115i. - Taking testimony in another state.
Section 46b-115j. - Cooperation between courts; preservation of records.
Section 46b-115k. - Initial child custody jurisdiction.
Section 46b-115l. - Jurisdiction.
Section 46b-115m. - Modification of custody determination of another state.
Section 46b-115n. - Temporary emergency jurisdiction.
Section 46b-115o. - Notice and opportunity to be heard; joinder.
Section 46b-115p. - Simultaneous proceedings.
Section 46b-115q. - Inconvenient forum.
Section 46b-115r. - Jurisdiction declined by reason of conduct; assessment of fees and costs.
Section 46b-115s. - Information required by the court.
Section 46b-115t. - Appearance of parties and child.
Section 46b-115u. - Definitions.
Section 46b-115v. - Enforcement under Hague Convention.
Section 46b-115w. - Registration of child custody determination.
Section 46b-115x. - Enforcement of child custody determination.
Section 46b-115y. - Temporary visitation order.
Section 46b-115z. - Simultaneous proceedings.
Section 46b-115aa. - Expedited enforcement of child custody determination.
Section 46b-115bb. - Service of petition and order.
Section 46b-115cc. - Hearing and order.
Section 46b-115dd. - Order to take physical custody of child.
Section 46b-115ee. - Costs, fees and expenses.
Section 46b-115ff. - Recognition and enforcement of order issued by another state.
Section 46b-115hh. - Definitions.