(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 imminently suffer serious physical harm or removal from this state.
(2) If the court, upon the testimony of the petitioner or other witness, finds that the child is likely to imminently suffer serious physical harm or removal 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 s. 61.531(2).
(3) A warrant to take physical custody of a child must:
(a) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(b) Direct law enforcement officers to take physical custody of the child immediately; and
(c) Provide 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 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.
(6) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.
History.—s. 5, ch. 2002-65.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 61 - Dissolution of Marriage; Support; Time-Sharing
Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542)
61.502 - Purposes of part; construction of provisions.
61.504 - Proceedings governed by other law.
61.505 - Application to Indian tribes.
61.506 - International application of part.
61.507 - Effect of child custody determination.
61.509 - Notice to persons outside the state.
61.510 - Appearance and limited immunity.
61.511 - Communication between courts.
61.512 - Taking testimony in another state.
61.513 - Cooperation between courts; preservation of records.
61.514 - Initial child custody jurisdiction.
61.515 - Exclusive, continuing jurisdiction.
61.516 - Jurisdiction to modify a determination.
61.517 - Temporary emergency jurisdiction.
61.518 - Notice; opportunity to be heard; joinder.
61.519 - Simultaneous proceedings.
61.521 - Jurisdiction declined by reason of conduct.
61.522 - Information to be submitted to the court.
61.523 - Appearance of parties and child.
61.525 - Enforcement under the Hague Convention.
61.527 - Temporary visitation.
61.528 - Registration of child custody determination.
61.529 - Enforcement of registered determination.
61.530 - Simultaneous proceedings.
61.531 - Expedited enforcement of child custody determination.
61.532 - Service of petition and order.
61.534 - Warrant to take physical custody of child.
61.535 - Costs, fees, and expenses.
61.536 - Recognition and enforcement.
61.538 - Role of state attorney.
61.539 - Role of law enforcement officers.