Warrant to take physical custody of child
If someone is trying to enforce a child custody order and believes the child is in danger of being seriously hurt or taken out of Missouri very soon, they can ask a court for a special warrant. This warrant lets police go get the child right away. The court can give police permission to enter private property or even force their way in if the situation is urgent enough. After the child is picked up, there must be a court hearing the very next court day.
452.885. to take of child. — 1. Upon the of a seeking of a , the may file a for the of a warrant to take physical custody of the child if the child is likely to suffer serious physical harm or removal from this state.
2. If the court, upon the of the petitioner or other witnesses, finds that the child is likely to suffer serious imminent physical harm or be from this state, the court may a warrant to take physical custody of the child. The petition shall be heard on the next after the warrant is . The warrant shall include the statements required under 2 of section 452.870.
3. A warrant to take physical custody of a child shall:
(1) Recite the facts which a conclusion of serious imminent physical harm or removal from the is based;
(2) Direct law enforcement officers to take physical custody of the child immediately; and
(3) Provide for the placement of the child pending .
4. The shall be with the petition, warrant and immediately after the child is taken into physical custody.
5. A warrant to take physical custody of a child is throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive is not effective, the court may authorize law enforcement officers to enter private property to take physical custody of the child. If required by the of the case, the court may authorize law enforcement officers to make a at any hour.
6. The court may impose conditions on the placement of a child to ensure the appearance of the child and the child's .
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Source & history notes
(L. 2009 H.B. 481)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.