§ 77-J — Warrant to take physical custody of child

New York § 77-J

• Jurisdiction: New York
• Law DOM: Domestic Relations
• Title 3: Enforcement
• Art. 5-A: Uniform Child Custody Jurisdiction and Enforcement Act

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§ 77-j. Warrant to take physical custody of child. 1. Upon the filing\nof a petition seeking enforcement of a child custody determination, the\npetitioner may file a verified application for the issuance of a warrant\nto take physical custody of the child if the child is at imminent risk\nof suffering serious physical harm or of removal from this state.\n 2. If the court, upon the testimony of the petitioner or other\nwitness, finds that the child is likely to suffer imminent serious\nphysical harm or to be removed from this state, it may issue a warrant\nto take physical custody of the child. Except in extraordinary\ncircumstances, the petition must be heard on the next court day after\nthe warrant is executed. Any adjournment for extraordinary circumstances\nshall be for not more than three court days. The application for the\nwarrant must include the statements required by subdivision two of\nsection seventy-seven-g of this title.\n 3. A warrant to take physical custody of a child must:\n (a) recite the facts upon which a conclusion of imminent serious\nphysical harm or removal from the jurisdiction is based;\n (b) direct law enforcement officers to take physical custody of the\nchild immediately and deliver the child to the petitioner or, where\nnecessary, to act jointly with the local child protective service to\ntake immediate steps to protect the child; and\n (c) provide for the placement of the child pending final relief.\n 4. The respondent must be served with the petition, warrant, and order\nimmediately after the child is taken into physical custody.\n 5. A warrant to take physical custody of a child is enforceable\nthroughout this state. If the court finds on the basis of the testimony\nof the petitioner or other witness that a less intrusive remedy is not\neffective, it may authorize law enforcement officers to enter private\nproperty in order to execute the warrant and take physical custody of\nthe child. If required by exigent circumstances of the case and\nnecessary to the protection of the child, the court may authorize law\nenforcement officers to make a forcible entry at any hour.\n 6. The court may impose conditions upon placement of a child to ensure\nthe appearance of the child and the child's custodian.\n