Okla. Stat. tit. 43, § 43-551-311
This is the official text of Okla. Stat. tit. 43, § 43-551-311, part of Oklahoma’s Stat. tit. 43, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43,." Browse the sections below, each linked to its official government source.
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Warrant to take physical custody of child
Official statutory text
WARRANT 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 a warrant to take physical custody
Oklahoma Statutes - Title 43. Marriage and Family Page 160
of the child if the child is imminently likely to suffer serious
physical harm or be removed from this state.
B. If the court, upon the testimony of the petitioner or other
witness, finds that the child is imminently likely to suffer serious
physical harm or be removed from this state it may issue a warrant
to take physical custody of the child. The petition must be heard
on the next judicial day after the warrant is executed unless that
date is impossible. In that event, the court shall hold the hearing
on the first judicial day possible. The application for the warrant
must include the statements required by subsection B of Section 30
of this act.
C. A warrant to take physical custody of a child must:
1. Recite the facts upon which a conclusion of imminent serious
physical harm or removal from the jurisdiction 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 final relief.
D. The respondent must be served with the petition, warrant,
and order immediately after the child is taken into physical
custody.
E. 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 other witness that a less intrusive
remedy is not effective, it may authorize law enforcement officers
to enter private property to take physical custody of the child. If
required by exigent circumstances of the case, the court may
authorize law enforcement officers to make a forcible entry at any
hour.
F. The court may impose conditions upon placement of a child to
ensure the appearance of the child and the child's custodian.
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 a warrant to take physical custody
Oklahoma Statutes - Title 43. Marriage and Family Page 160
of the child if the child is imminently likely to suffer serious
physical harm or be removed from this state.
B. If the court, upon the testimony of the petitioner or other
witness, finds that the child is imminently likely to suffer serious
physical harm or be removed from this state it may issue a warrant
to take physical custody of the child. The petition must be heard
on the next judicial day after the warrant is executed unless that
date is impossible. In that event, the court shall hold the hearing
on the first judicial day possible. The application for the warrant
must include the statements required by subsection B of Section 30
of this act.
C. A warrant to take physical custody of a child must:
1. Recite the facts upon which a conclusion of imminent serious
physical harm or removal from the jurisdiction 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 final relief.
D. The respondent must be served with the petition, warrant,
and order immediately after the child is taken into physical
custody.
E. 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 other witness that a less intrusive
remedy is not effective, it may authorize law enforcement officers
to enter private property to take physical custody of the child. If
required by exigent circumstances of the case, the court may
authorize law enforcement officers to make a forcible entry at any
hour.
F. The court may impose conditions upon placement of a child to
ensure the appearance of the child and the child's custodian.
Status: in_force · Read it on the official government site
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