(750 ILCS 36/310)
Sec. 310.
Hearing And Order.
(a) Unless the court issues a temporary emergency order pursuant to
Section 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 Section 305 and that:
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(A) the issuing court did not have jurisdiction
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(B) the child-custody determination for which
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| enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2; or
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(C) the respondent was entitled to notice, but
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| notice was not given in accordance with the standards of Section 108, in the proceedings before the court that issued the order for which enforcement is sought; or
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(2) the child-custody determination for which
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| enforcement is sought was registered and confirmed under Section 305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.
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(b) The court shall award the fees, costs, and expenses authorized under
Section 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 Article.
(Source: P.A. 93-108, eff. 1-1-04.)
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