20-146.32 - Ex parte order to take physical custody of child.
§ 20-146.32. Ex parte order to take physical custody of child.
A. Upon the filing of a petition seeking enforcement of a child custodydetermination, the petitioner may request in the petition that the courtissue an ex parte order that the child be taken into immediate physicalcustody if the child is imminently likely to suffer serious physical harm orbe removed from this Commonwealth. Any petition for an ex parte order shallinclude the statements required by subsection B of § 20-146.29.
B. If the court, upon the testimony of the petitioner or other witness, findsthat the child is imminently likely to suffer serious physical harm or beremoved from this Commonwealth, it may issue an ex parte order to takeimmediate physical custody of the child. A petition filed to enforce a childcustody determination which seeks an ex parte order shall be heard on thenext judicial day after the ex parte order is issued the unless that date isimpossible. In that event, the court shall hold the hearing on the firstjudicial day possible.
C. An ex parte order to take physical custody of a child shall:
1. Recite the facts upon which a conclusion of imminent serious physical harmor removal from the jurisdiction is based;
2. Direct law-enforcement officers to take physical custody of the childimmediately; and
3. Provide for the placement of the child with the petitioner, suitablerelative, other suitable interested individual or the local department ofsocial services pending final relief.
D. The respondent must be served with the petition and ex parte orderimmediately after the child is taken into physical custody.
E. An ex parte order to take physical custody of a child is enforceablethroughout this Commonwealth. If the court finds on the basis of thetestimony of the petitioner or other witness that a less intrusive remedy isnot effective, it may authorize law-enforcement officers to enter privateproperty to take physical custody of the child. If required by exigentcircumstances of the case, the court may authorize law-enforcement officersto make a forcible entry at any hour.
F. The court may impose conditions upon placement of a child to ensure theappearance of the child and the child's custodian.
(2001, c. 305.)