(a) If a petition under this act contains allegations, and the court finds that there
is a credible risk that the child is imminently likely to be wrongfully removed, the
court may issue an ex parte warrant to take physical custody of the child.
(b) The respondent on a petition under subsection (a) must be afforded an opportunity
to be heard at the earliest possible time after the ex parte warrant is executed,
but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
(c) An ex parte warrant under subsection (a) to take physical custody of a child must:
(1) Recite the facts upon which a determination of a credible risk of imminent wrongful
removal of the child is based;
(2) direct law enforcement officers to take physical custody of the child immediately;
(3) state the date and time for the hearing on the petition; and
(4) provide for the safe interim placement of the child pending further order of the
(d) If feasible, before issuing a warrant and before determining the placement of
the child after the warrant is executed, the court may order a search of the relevant
databases of the national crime information center system and similar state databases
to determine if either the petitioner or respondent has a history of domestic violence,
stalking, or child abuse or neglect.
(e) The petition and warrant must be served on the respondent when or immediately
after the child is taken into physical custody.
(f) A warrant to take physical custody of a child, issued by this state or another
state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it 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.
(g) If the court finds, after a hearing, that a petitioner sought an ex parte warrant
under subsection (a) for the purpose of harassment or in bad faith, the court may
award the respondent reasonable attorney's fees, costs, and expenses.
(h) This act does not affect the availability of relief allowed under the law of this
state other than this act.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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