722.1310 Warrant to take physical custody of child.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 310.

(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 likely to suffer serious imminent physical harm or be removed from this state.

(2)If the court, upon the testimony of the petitioner or other witness, finds that the child is likely to suffer serious imminent physical harm or be imminently removed from this state, the court may issue a warrant to take physical custody of the child. The court shall hold a hearing on the petition on the next judicial day after the warrant is executed. A warrant issued under this section must include the statements required in an enforcement petition by section 307.

(3)A warrant to take physical custody of a child must include at least the following:

(a)A recitation of the facts upon which a conclusion of serious imminent physical harm or imminent removal from the jurisdiction is based.

(b)An order directing law enforcement officers to take physical custody of the child immediately.

(c)Provisions 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 another witness that a less intrusive remedy is not effective, the court may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, 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.

History: 2001, Act 195 , Eff. Apr. 1, 2002