Connecticut General Statutes 46b-115dd – Order to take physical custody of child
(a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of an order to take physical custody of the child if the child will suffer imminent, serious physical harm or will be removed from the state. The application for the order shall include the statements required by subsection (b) of section 46b-115aa. If the court, after reviewing the petition, testimony of the petitioner or other witnesses and other facts before it, finds there is a substantial likelihood that the child will suffer imminent serious physical harm or be removed from this state, it may issue an order to an appropriate law enforcement official to take physical custody of the child and place the child in the care of an appropriate person pending a hearing pursuant to subsection (b) of this section. In making the decision on placement of the child, the court may impose conditions to ensure the appearance of the child and the person with whom the child is placed at the hearing. Such order shall include the court’s findings and the facts upon which the court made its findings. The petition and the order shall be served upon the respondent at the time the child is taken into physical custody or immediately thereafter.
Terms Used In Connecticut General Statutes 46b-115dd
- Child: means an individual who has not attained eighteen years of age. See Connecticut General Statutes 46b-115a
- Court: means any entity, including the Superior Court or Probate Court in this state, if such entity has jurisdiction to establish, enforce or modify a child custody determination. See Connecticut General Statutes 46b-115a
- Physical custody: means the physical care and supervision of a child. See Connecticut General Statutes 46b-115a
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or possession subject to the jurisdiction of the United States. See Connecticut General Statutes 46b-115a
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The court shall hold a hearing on the petition on the next business day after the order and the petition is served unless there are compelling circumstances.