{"jurisdiction": "us-ny", "code": "drl", "section": "77-I", "citation": "DRL § 77-I", "heading": "Hearing and order", "text": ["§ 77-i. Hearing and order. 1. Unless the court issues a temporary emergency order pursuant to section seventy-six-c of this article, 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:", "(a) the child custody determination has not been registered and confirmed under section seventy-seven-d of this title and that:", "(i) the issuing court did not have jurisdiction under title two of this article;", "(ii) 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 title two of this article or enforcement of the determination would violate subdivision one-c of section two hundred forty of this chapter or section one thousand eighty-five of the family court act; or", "(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of section seventy-five-g of this article, in the proceedings before the court that issued the order for which enforcement is sought; or", "(b) the child custody determination for which enforcement is sought was registered and confirmed under section seventy-seven-d of this title but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under title two of this article.", "2. The court shall award the fees, costs, and expenses authorized under section seventy-seven-k of this title 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 act."], "official_source": "https://www.nysenate.gov/legislation/laws/DOM/77-I", "from_official_api": true, "plain_english": "- **Subd. 1:** Unless an emergency order issues (§ 76-c), on finding the petitioner is **entitled to immediate physical custody**, the court **shall order** it **unless** the respondent establishes the same defenses as § 77-g(4) (jurisdiction/notice/vacated-or-modified). ★\n- **Subd. 2:** The court **awards fees/costs** (§ 77-k) and may grant additional relief, including **law-enforcement assistance.**\n- **Subd. 3:** If a witness refuses to answer on **self-incrimination** grounds, the court may draw an **adverse inference.** ★\n- **Subd. 4:** **Spousal and parent-child privileges/immunity may NOT be invoked** in this proceeding. ★", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/drl/77-i", "publisher": "Elyphived LLC"}