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Legal Information: U.S. Virgin Islands

Statutes: Virgin Islands, U.S.

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Updated: 
December 2, 2019

140f. Hearing and order

(a) Unless the court issues a temporary emergency order pursuant to § 130, 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 § 140a and that:

(A) the issuing court did not have jurisdiction under subchapter 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 subchapter 2; or

(C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 122, in the proceedings before the court that issued the order for which enforcement is sought; or

(2) the child-custody determination for which enforcement is sought was registered and confirmed under 140a, but has been vacated, stayed, or modified by a court of a State having jurisdiction to do so under subchapter 2.

(b) The court shall award the fees, costs, and expenses authorized under § 140h 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 subchapter.