452.885. Warrant to take physical custody of child. - Missouri Statutes

Warrant to take physical custody of child.

452.885. 1. Upon the filing of a petition seeking enforcement of achild custody determination, the petitioner may file a verified applicationfor the issuance of a warrant to take physical custody of the child if thechild is likely to suffer serious imminent physical harm or removal fromthis state.

2. If the court, upon the testimony of the petitioner or otherwitnesses, finds that the child is likely to suffer serious imminentphysical harm or be imminently removed from this state, the court may issuea warrant to take physical custody of the child. The petition shall beheard on the next judicial day after the warrant is executed. The warrantshall include the statements required under subsection 2 of section452.870.

3. A warrant to take physical custody of a child shall:

(1) Recite the facts which a conclusion of serious imminent physicalharm or removal from the jurisdiction is based;

(2) Direct law enforcement officers to take physical custody of thechild immediately; and

(3) Provide for the placement of the child pending final relief.

4. The respondent shall be served with the petition, warrant andorder immediately after the child is taken into physical custody.

5. A warrant to take physical custody of a child is enforceablethroughout this state. If the court finds on the basis of the testimony ofthe petitioner or other witness that a less intrusive remedy is noteffective, the court may authorize law enforcement officers to enterprivate property to take physical custody of the child. If required by theexigency of the case, the court may authorize law enforcement officers tomake a forcible entry at any hour.

6. The court may impose conditions on the placement of a child toensure the appearance of the child and the child's custodian.

(L. 2009 H.B. 481)