598B.311 Warrant to take physical custody of child.
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 imminently likely to suffer serious 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 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 598B.308, subsection 2.
3. A warrant to take physical custody of a child must provide all of the following:
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.
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.
99 Acts, ch 103, §33
Referred to in §598B.309
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 598B - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT
Section 598B.101 - Short title.
Section 598B.102 - Definitions.
Section 598B.103 - Proceedings governed by other law.
Section 598B.104 - Application to Indian tribes.
Section 598B.105 - International application.
Section 598B.106 - Effect of child-custody determination.
Section 598B.108 - Notice to persons outside state.
Section 598B.109 - Appearance and limited immunity.
Section 598B.110 - Communication between courts.
Section 598B.111 - Taking testimony in another state.
Section 598B.112 - Cooperation between courts — preservation of records.
Section 598B.201 - Initial child-custody jurisdiction.
Section 598B.202 - Exclusive, continuing jurisdiction.
Section 598B.203 - Jurisdiction to modify determination.
Section 598B.204 - Temporary emergency jurisdiction.
Section 598B.205 - Notice — opportunity to be heard — joinder.
Section 598B.206 - Simultaneous proceedings.
Section 598B.207 - Inconvenient forum.
Section 598B.208 - Jurisdiction declined by reason of conduct.
Section 598B.209 - Information to be submitted to court.
Section 598B.210 - Appearance of parties and child.
Section 598B.301 - Definitions.
Section 598B.302 - Enforcement under Hague convention.
Section 598B.303 - Duty to enforce.
Section 598B.304 - Temporary visitation.
Section 598B.305 - Registration of child-custody determination.
Section 598B.306 - Enforcement of registered determination.
Section 598B.307 - Simultaneous proceedings.
Section 598B.308 - Expedited enforcement of child-custody determination.
Section 598B.309 - Service of petition and order.
Section 598B.310 - Hearing and order.
Section 598B.311 - Warrant to take physical custody of child.
Section 598B.312 - Costs, fees, and expenses.
Section 598B.313 - Recognition and enforcement.
Section 598B.315 - Role of prosecutor.
Section 598B.316 - Role of law enforcement.
Section 598B.317 - Costs and expenses.