(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 of the child if the child is immediately 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 Section 308(b).
(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.
History: Laws 2001, ch. 114, ยง 311.
Structure 2021 New Mexico Statutes
Section 40-10A-301 - Definitions.
Section 40-10A-302 - Enforcement under Hague Convention.
Section 40-10A-303 - Duty to enforce.
Section 40-10A-304 - Temporary visitation.
Section 40-10A-305 - Registration of child-custody determination.
Section 40-10A-306 - Enforcement of registered determination.
Section 40-10A-307 - Simultaneous proceedings.
Section 40-10A-308 - Expedited enforcement of child-custody determination.
Section 40-10A-309 - Service of petition and order.
Section 40-10A-310 - Hearing and order.
Section 40-10A-311 - Warrant to take physical custody of child.
Section 40-10A-312 - Costs, fees and expenses.
Section 40-10A-313 - Recognition and enforcement.
Section 40-10A-315 - Role of prosecutor or public official.