518D.311 WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD.
(a) 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 immediately likely to suffer serious physical harm or be removed
from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child
is imminently likely to suffer serious physical harm or be removed from this state, it may issue
a warrant to take physical custody of the child. The petition must be heard on the next judicial
day after the warrant is executed unless that date is impossible. In that event, the court shall hold
the hearing on the first judicial day possible. The application for the warrant must include the
statements required by section
518D.308, paragraph (b)
(c) A warrant to take physical custody of a child must:
(1) recite the facts upon which a conclusion of imminent serious physical harm or removal
from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of the child immediately; and
(3) provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant, and order immediately after the
child is taken into physical custody.
(e) 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 to
take physical custody of the child. If required by exigent circumstances of the case, the court may
authorize law enforcement officers to make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to ensure the appearance of
the child and the child's custodian.
History: 1999 c 74 s 11