§ 50A-311. Warrant to take physical custody of child. - North Carolina Statutes

§50A‑311.  Warrant to take physical custody of child.

(a)        Upon the filing ofa petition seeking enforcement of a child‑custody determination, thepetitioner may file a verified application for the issuance of a warrant totake physical custody of the child if the child is immediately likely to sufferserious physical harm or be removed from this State.

(b)        If the court, uponthe testimony of the petitioner or other witness, finds that the child isimminently likely to suffer serious physical harm or be removed from thisState, it may issue a warrant to take physical custody of the child. Thepetition must be heard on the next judicial day after the warrant is executedunless that date is impossible. In that event, the court shall hold the hearingon the first judicial day possible. The application for the warrant mustinclude the statements required by G.S. 50A‑308(b).

(c)        A warrant to takephysical custody of a child must:

(1)        Recite the factsupon which a conclusion of imminent serious physical harm or removal from thejurisdiction is based;

(2)        Direct lawenforcement officers to take physical custody of the child immediately; and

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

(d)        The respondent mustbe served with the petition, warrant, and order immediately after the child istaken into physical custody.

(e)        A warrant to takephysical custody of a child is enforceable throughout this State. If the courtfinds on the basis of the testimony of the petitioner or other witness that aless intrusive remedy is not effective, it may authorize law enforcementofficers to enter private property to take physical custody of the child. Ifrequired by exigent circumstances of the case, the court may authorize lawenforcement officers to make a forcible entry at any hour.

(f)         The court mayimpose conditions upon placement of a child to ensure the appearance of thechild and the child's custodian. (1999‑223, s. 3.)