North Dakota Century Code Title 14. Domestic Relations and Persons § 14-14.2-08. Warrant to take physical custody of child

1. If a petition under this chapter contains allegations, and the court finds there is a credible risk the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.

2. The court shall afford a respondent on a petition under subsection 1 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.

3. An ex parte warrant under subsection 1 to take physical custody of a child must:

4. If feasible, before issuing a warrant and 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 whether the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.

5. The court shall serve the petition and warrant on the respondent at the time, or immediately after, the child is taken into physical custody.

6. A warrant to take physical custody of a child, issued by this state or another state, is enforceable. If the court finds a less intrusive remedy will not be effective, the court may authorize a law enforcement officer 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.

7. If the court finds, after a hearing, a petitioner sought an ex parte warrant under subsection 1 for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney's fees, costs, and expenses.

8. This chapter does not affect the availability of additional relief allowed under the law.