Colorado § 14-13.5-109 Warrant to take physical custody of child

Colorado Statutes

§ 14-13.5-109 — Warrant to take physical custody of child

Colorado § 14-13.5-109

Title 14Domestic

Art.Uniform Child Abduction Prevention Act

This text of Colorado § 14-13.5-109 (Warrant to take physical custody of child) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 14-13.5-109 (2026).

Text

(1)If a petition under this article 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.

(2)The respondent on a petition under subsection (1) of this section 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.

(3)An ex parte warrant under subsection (1) of this section to take physical custody of a child must:

(a)Recite the facts upon which a determination of a credible risk of imminent wr

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(1) If a petition
under this article 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.

(2) The respondent on a petition under subsection (1) of this section 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.

(3) An ex parte warrant under subsection (1) of this section to take physical
custody of a child must:

(a) Recite the facts upon which a determination of a credible risk of imminent
wrongful removal of the child is based;

(b) Direct law enforcement officers to take physical custody of the child
immediately;

(c) State the date and time for the hearing on the petition; and

(d) Provide for the safe interim placement of the child pending further order
of the court.

(4) 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.

(5) The petition and warrant must be served on the respondent when 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 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.

(7) If the court finds, after a hearing, that a petitioner sought an ex parte
warrant under subsection (1) of this section for the purpose of harassment or in bad
faith, the court may award the respondent reasonable attorneys fees, costs, and
expenses.

(8) This article does not affect the availability of relief allowed under the law
of this state other than this article.