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