| | The remainder of this section is derived from UIFSA § 316 with | regard to the privilege of self-incrimination, spousal | privileges, and immunities. It is included to keep parallel the | procedures for child support and child custody proceedings to the | extent possible. |
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| §1771.__Warrant to take physical custody of child |
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| | 1.__Application for warrant.__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. |
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| | 2.__Issuance of warrant; hearing.__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 1768, subsection | 2. |
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| | 3.__Contents of warrant.__A warrant to take physical custody | of a child must: |
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| A.__Recite the facts upon which a conclusion of imminent | serious physical harm or removal from the jurisdiction is | based; |
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| B.__Direct law enforcement officers to take physical custody | of the child immediately; and |
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| C.__Provide for the placement of the child pending final | relief. |
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| | 4.__Service of petition, warrant, order.__The respondent must | be served with the petition, warrant and order immediately after | the child is taken into physical custody. |
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| | 5.__Enforcement of warrant.__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 |
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