LD 432
pg. 56
Page 55 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 57 of 63
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LR 316
Item 1

 
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.

 
§1771.__Warrant to take physical custody of child

 
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.

 
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.

 
3.__Contents of warrant.__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

 
C.__Provide for the placement of the child pending final
relief.

 
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.

 
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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