25-1061

25-1061. Warrant to take physical custody of
child

A. On 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 on the testimony of the petitioner or any other witness, the court 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
25-1058, subsection B.

C. A warrant to take physical custody of a child must do all of the following:

1. Recite the facts on 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.

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 on placement of a child to ensure the appearance
of the child and the child's custodian.