(a) Unless the court issues a temporary emergency order pursuant to section 518D.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:
(1) the child custody determination has not been registered and confirmed under section 518D.305 and that:
(i) the issuing court did not have jurisdiction under sections 518D.201 to 518D.210 ;
(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 sections 518D.201 to 518D.210 ; or
(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of section 518D.108 , 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 section 518D.305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 518D.201 to 518D.210 .
(b) The court shall award the fees, costs, and expenses authorized under section 518D.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.
(c) 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.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of spouses or parent and child may not be invoked in a proceeding under sections 518D.301 to 518D.317 .