§ 20-8-109 — Warrant to take physical custody of child

Wyoming § 20-8-109

• Jurisdiction: Wyoming
• Title 20: Domestic Relations
• Ch. 8: CHILD ABDUCTION PREVENTION

Text

(a) If a petition under this act contains allegations, and
the court finds that there is a credible risk that the child is
imminently likely to be abducted, the court may issue an ex
parte warrant to take physical custody of the child.
(b) The respondent on a petition under subsection (a) of
this section shall 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.
(c) An ex parte warrant issued under subsection (a) of
this section to take physical custody of a child shall:
(i) Recite the facts upon which a determination of a
credible risk of imminent abduction of the child is based;
(ii) Direct law enforcement officers to take physical
custody of the child immediately;
(iii) State the date and time for the hearing on the
petition; and
(iv) Provide for the safe interim placement of the
child pending further order of the court.
(d) If feasible, before issuing a warrant and before
determining the interim 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.
(e) The petition and warrant shall be served on the
respondent when or immediately after the child is taken into
physical custody.
(f) 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, the court 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.
(g) If the court finds, after a hearing, that a petitioner
sought an ex parte warrant under subsection (a) of this section
for the purpose of harassment or in bad faith, the court may
award the respondent reasonable attorney's fees, costs and
expenses.