TITLE 19
DOMESTIC RELATIONS
ARTICLE 3
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
19-9-90. Finding of immediate physical custody; awarding of fees, costs, and expenses; drawing adverse inference from refusal to testify; spousal relationship irrelevant.
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Unless the court issues a temporary emergency order pursuant to Code Section 19-9-64, 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:
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The child custody determination has not been registered and confirmed under Code Section 19-9-85 and that:
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The issuing court did not have jurisdiction under Part 2 of this article;
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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 of this article; or
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The respondent was entitled to notice, but notice was not given in accordance with the standards of Code Section 19-9-47, in the proceedings before the court that issued the order for which enforcement is sought; or
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The child custody determination for which enforcement is sought was registered and confirmed under Code Section 19-9-85 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article.
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The court shall award the fees, costs, and expenses authorized under Code Section 19-9-92 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.
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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.
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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.
(Code 1981, §19-9-90, enacted by Ga. L. 2001, p. 129, § 1.)
Cross references.
- Privilege against self-incrimination,
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24-5-506.
JUDICIAL DECISIONS
Parent entitled to fees and costs for enforcement of foreign child custody decree.
- Georgia trial court's award of attorney's fees and costs to a parent for enforcing an Indiana child custody decree was authorized under O.C.G.A.
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19-9-90 and19-9-92, although the Indiana order had not been registered; the parent's petition was brought primarily under O.C.G.A.
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19-9-83 and19-9-88 to enforce the visitation provisions of the existing decree; that the parent also requested modification and domestication of the custody determination did not change the result. Ward v. Smith, 334 Ga. App. 876, 780 S.E.2d 702 (2015).
