C.R.S. Section 14-13-310
Hearing and order


(1)

Unless the court issues a temporary emergency order pursuant to section 14-13-204, 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:

(a)

The child-custody determination has not been registered and confirmed under section 14-13-305 and that:

(I)

The issuing court did not have jurisdiction under part 2 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 a provision of law adopted by that state that is in substantial conformity with part 2 of this article; or

(III)

The respondent was entitled to notice, but notice was not given in accordance with standards in substantial conformity with the standards set forth in section 14-13-108, 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 14-13-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under this part 3.

(2)

The court shall award the fees, costs, and expenses authorized under section 14-13-312 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.

(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 3.

(5)

A privilege against disclosure of communications between partners in a civil union and a defense of immunity based on the relationship of partners in a civil union or parent and child may not be invoked in a proceeding under this part 3.

Source: Section 14-13-310 — Hearing and order, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

14‑13‑101
Short title
14‑13‑102
Definitions
14‑13‑103
Proceedings governed by other law
14‑13‑104
International application of article
14‑13‑105
Effect of child-custody determination
14‑13‑106
Priority
14‑13‑108
Notice to persons outside state
14‑13‑109
Appearance and limited immunity
14‑13‑110
Communication between courts
14‑13‑111
Taking testimony in another state
14‑13‑112
Cooperation between courts - preservation of records
14‑13‑201
Initial child-custody jurisdiction
14‑13‑202
Exclusive, continuing jurisdiction
14‑13‑203
Jurisdiction to modify determination
14‑13‑204
Temporary emergency jurisdiction
14‑13‑205
Notice - opportunity to be heard - joinder
14‑13‑206
Simultaneous proceedings
14‑13‑207
Inconvenient forum
14‑13‑208
Jurisdiction declined by reason of conduct
14‑13‑209
Information to be submitted to court
14‑13‑210
Appearance of parties and child
14‑13‑301
Definitions
14‑13‑302
Enforcement under Hague Convention
14‑13‑303
Duty to enforce
14‑13‑304
Temporary visitation or parenting time
14‑13‑305
Registration of child-custody determination
14‑13‑306
Enforcement of registered determination
14‑13‑307
Simultaneous proceedings
14‑13‑308
Expedited enforcement of child-custody determination
14‑13‑309
Service of petition and order
14‑13‑310
Hearing and order
14‑13‑311
Warrant to take physical custody of child
14‑13‑312
Costs, fees, and expenses
14‑13‑313
Recognition and enforcement
14‑13‑314
Appeals
14‑13‑401
Application and construction
14‑13‑402
Severability clause
14‑13‑403
Transitional provision
Green check means up to date. Up to date

Current through Fall 2024

§ 14-13-310’s source at colorado​.gov