Michigan Laws 722.1310 – Warrant to take physical custody of child
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(1) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is likely to suffer serious imminent physical harm or be removed from this state.
(2) If the court, upon the testimony of the petitioner or other witness, finds that the child is likely to suffer serious imminent physical harm or be imminently removed from this state, the court may issue a warrant to take physical custody of the child. The court shall hold a hearing on the petition on the next judicial day after the warrant is executed. A warrant issued under this section must include the statements required in an enforcement petition by section 307.
Terms Used In Michigan Laws 722.1310
- Child: means an individual who is younger than 18 years of age. See Michigan Laws 722.1102
- Child-custody determination: means a judgment, decree, or other court order providing for legal custody, physical custody, or parenting time with respect to a child. See Michigan Laws 722.1102
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination. See Michigan Laws 722.1102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Petitioner: means a person who seeks enforcement of a child-custody determination or enforcement of an order for return of a child under the Hague convention on the civil aspects of international child abduction. See Michigan Laws 722.1301
- Physical custody: means the physical care and supervision of a child. See Michigan Laws 722.1102
- Respondent: means a person against whom a proceeding has been commenced for enforcement of a child-custody determination or enforcement of an order for the return of a child under the Hague convention on the civil aspects of international child abduction. See Michigan Laws 722.1301
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 722.1102
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Warrant: means a court order authorizing a law enforcement officer to take physical custody of a child. See Michigan Laws 722.1102
(3) A warrant to take physical custody of a child must include at least the following:
(a) A recitation of the facts upon which a conclusion of serious imminent physical harm or imminent removal from the jurisdiction is based.
(b) An order directing law enforcement officers to take physical custody of the child immediately.
(c) Provisions for the placement of the child pending final relief.
(4) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(5) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or another witness that a less intrusive remedy is not 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.
(6) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.