§ 5451. Warrant to take physical custody of child.

363 words·~2 min read·/pa/title-23/chapter-54/5451

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(a)General rule.-- 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 Commonwealth.

(b)Petition.-- 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 Commonwealth, 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 5448(b) (relating to expedited enforcement of child custody determination).

(c)Warrant.-- 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)Time of service.-- The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.

(e)Enforcement.-- A warrant to take physical custody of a child is enforceable throughout this Commonwealth. 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)Appearance of child.-- The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.

23c5451v

Cross References. Section 5451 is referred to in section 5449 of this title.

23c5452s