Maine § 19-A §1771 Warrant to take physical custody of child

Maine Statutes

§ 19-A §1771 — Warrant to take physical custody of child

Maine·Title 19-A DOMESTIC RELATIONS·Part 3 PARENTS AND CHILDREN·Ch. 58 UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

1.Application for warrant. Upon 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.

2.Issuance of warrant; hearing. If the court, upon the testimony of the petitioner or other witness, 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 appl

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1.
Application for warrant.
Upon 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.
2.
Issuance of warrant; hearing.
If the court, upon the testimony of the petitioner or other witness, 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 1768, subsection 2.
3.
Contents of warrant.
A warrant to take physical custody of a child must:
4.
Service of petition, warrant, order.
The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.
5.
Enforcement of warrant.
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.
6.
Conditions to ensure appearance.
The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.