Order for Immediate Physical Custody — Fees, Costs and Expenses — Party Refusal to Testify — Husband and Wife Communications as Evidence

  1. Law
  2. Tennessee Code
  3. Domestic Relations
  4. Child Custody and Visitation
  5. Uniform Child Custody Jurisdiction and Enforcement Act
  6. Order for Immediate Physical Custody — Fees, Costs and Expenses — Party Refusal to Testify — Husband and Wife Communications as Evidence

Checkout our iOS App for a better way to browser and research.

  1. Unless the court issues a temporary emergency order pursuant to § 36-6-219, 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 § 36-6-229 and that:
      1. The issuing court did not have jurisdiction under this part;
      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 this part; or
      3. The respondent was entitled to notice, but notice was not given in accordance with the standards of § 36-6-211, 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 § 36-6-229 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part.
  2. The court shall award the fees, costs, and expenses authorized under § 36-6-236 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.
  3. 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.
  4. 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.


Download our app to see the most-to-date content.