(a) An action under this Chapter is a civil action governed by the Rules of Civil Procedure. The
mother of the child and the alleged father are competent to testify and may be compelled to
testify.
(b) Upon refusal of any witness, including a party, to testify under oath or produce evidence of any
other kind on the ground that said witness may be incriminated thereby, and if a party requests
the Court to order that person to testify or provide the evidence, the Court shall then hold a
hearing and shall so order, unless it finds that to do so would be clearly contrary to the public
interests, and that person shall comply with the order.
(1) If, but for this section, the witness would have been privileged to withhold the answer
given or have evidence produced, the witness may not refuse to comply with the order
on the basis of the privilege against self-incrimination; but the witness shall not be
prosecuted or subjected to criminal penalty or forfeiture for or on account of any
transaction, matter, or fact concerning which he has been ordered to testify pursuant to
the section.
(2) The witness may nevertheless be prosecuted for failing to comply with the order to
answer, or for perjury or for offering false evidence to the Court.
(c) Testimony of a physician concerning the medical circumstances of the pregnancy and the
condition and characteristics of the child upon birth is not privileged.
(d) In an action against an alleged father, evidence offered by him with respect to a man who is not
subject to the jurisdiction of the Court concerning his sexual intercourse with the mother at or
about the probable time of conception of the child is admissible in evidence only if he has
undergone and made available to the Court paternity tests, the results of which do not exclude
the possibility of the nonparty’s paternity of the child.
(e) The trial shall be by the Court without a jury.
7-4.12 Judgment or Order Determining Parent and Child Relationship-Support Judgment and Orders–
Custody.
(a) The judgment and order of the Court determining the existence or nonexistence of the parent
and child relationship shall be determinative for all purposes.
(b) If the judgment and order of the Court is at variance with the child’s birth certificate, the Court
shall order that an amended birth certificate be issued.
(c) The judgment and order shall contain other appropriate provisions directed to the appropriate
parties to the proceeding, concerning the duty of current and future support, the extent of any
liability for past support furnished to the child if that issue is before the Court; the furnishing of
bond or other security for the payment of the judgment; or any other matter in the best interest
of the child.
(1) The judgment and order may direct the father to pay the reasonable expenses of the
mother’s pregnancy and confinement.
(d) Support judgment and orders shall be for periodic payments which may vary in amount.
(1) The Court may limit the father’s liability for the past support to the child to the
proportion of the expenses already incurred as the Court deems just.
(2) The Court shall not limit or affect in any manner the right of nonparties to seek
reimbursement for support and other services previously furnished to the child.
(e) After considering all relevant factors, the Court shall order either or both parents to pay an
amount of support determined pursuant to Section 7-3.14.
(f) On the same basis as provided in Chapter 7-3, the Court shall make residential provisions with
regard to minor children of the parties, except that a parenting plan shall not be required unless
requested by a party, after paternity has been established.
(g) In any dispute between the natural parents of a child and a person or persons who have (a)
commenced adoption proceedings or who have been granted an order of adoption, and (b)
pursuant to a Court order, or placement by the Spokane Tribal Children and Family Services or
by a licensed agency, have had actual custody of the child for a period of 1 year or more before
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Revised Spokane Law & Order Code, 5/14/2013