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This entry was published on 2014-09-22
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SECTION 77-J
Warrant to take physical custody of child
Domestic Relations (DOM) CHAPTER 14, ARTICLE 5-A, TITLE 3
§ 77-j. Warrant to take physical custody of child. 1. Upon the filing
of a petition seeking enforcement of a child custody determination, the
petitioner may file a verified application for the issuance of a warrant
to take physical custody of the child if the child is at imminent risk
of suffering serious physical harm or of removal from this state.

2. If the court, upon the testimony of the petitioner or other
witness, finds that the child is likely to suffer imminent serious
physical harm or to be removed from this state, it may issue a warrant
to take physical custody of the child. Except in extraordinary
circumstances, the petition must be heard on the next court day after
the warrant is executed. Any adjournment for extraordinary circumstances
shall be for not more than three court days. The application for the
warrant must include the statements required by subdivision two of
section seventy-seven-g of this title.

3. A warrant to take physical custody of a child must:

(a) recite the facts upon which a conclusion of imminent serious
physical harm or removal from the jurisdiction is based;

(b) direct law enforcement officers to take physical custody of the
child immediately and deliver the child to the petitioner or, where
necessary, to act jointly with the local child protective service to
take immediate steps to protect the child; and

(c) provide for the placement of the child pending final relief.

4. The respondent must be served with the petition, warrant, and order
immediately after the child is taken into physical custody.

5. A warrant to take physical custody of a child is enforceable
throughout this state. If the court finds on the basis of the testimony
of the petitioner or other witness that a less intrusive remedy is not
effective, it may authorize law enforcement officers to enter private
property in order to execute the warrant and take physical custody of
the child. If required by exigent circumstances of the case and
necessary to the protection of the child, the court may authorize law
enforcement officers to make a forcible entry at any hour.

6. The court may impose conditions upon placement of a child to ensure
the appearance of the child and the child's custodian.