New Mexico Statutes

§ 32A-4-16 — Ex-parte custody orders

New Mexico·Ch. 32A Children's Code·Art. 4 Child Abuse and Neglect
A.At the time a petition is filed or any time thereafter, the children's court or the district court may issue an ex-parte custody order upon a sworn written statement of facts showing probable cause exists to believe that the child is abused or neglected and that custody under the criteria set forth in Section 32-4-16 [32A-4-18] NMSA 1978 is necessary.
B.The ex-parte custody order shall be served on the respondent by a person authorized to serve arrest warrants and shall direct the officer to take custody of the child and deliver him to a place designated by the court.
C.The Rules of Evidence do not apply to the issuance of an ex-parte custody order.

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Legislative History

1978 Comp., § 32A-4-16, enacted by Laws 1993, ch. 77, § 110.

Nearby Sections

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