(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 518D.308, paragraph (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.
1999 c 74 s 11
Structure Minnesota Statutes
Chapters 517 - 519A — Domestic Relations
Chapter 518D — Uniform Child Custody Jurisdiction And Enforcement Act
Section 518D.101 — Short Title.
Section 518D.102 — Definitions.
Section 518D.103 — Proceedings Governed By Other Law.
Section 518D.104 — Application To Indian Tribes.
Section 518D.105 — International Application.
Section 518D.106 — Effect Of Child Custody Determination.
Section 518D.108 — Notice To Persons Outside State.
Section 518D.109 — Appearance And Limited Immunity.
Section 518D.110 — Communication Between Courts.
Section 518D.111 — Taking Testimony In Another State.
Section 518D.112 — Cooperation Between Courts; Preservation Of Records.
Section 518D.201 — Initial Child Custody Jurisdiction.
Section 518D.202 — Exclusive, Continuing Jurisdiction.
Section 518D.203 — Jurisdiction To Modify Determination.
Section 518D.204 — Temporary Emergency Jurisdiction.
Section 518D.205 — Notice; Opportunity To Be Heard; Joinder.
Section 518D.206 — Simultaneous Proceedings.
Section 518D.207 — Inconvenient Forum.
Section 518D.208 — Jurisdiction Declined By Reason Of Conduct.
Section 518D.209 — Information To Be Submitted To Court.
Section 518D.210 — Appearance Of Parties And Child.
Section 518D.301 — Definitions.
Section 518D.302 — Enforcement Under Hague Convention.
Section 518D.303 — Duty To Enforce.
Section 518D.304 — Temporary Visitation.
Section 518D.305 — Registration Of Child Custody Determination.
Section 518D.306 — Enforcement Of Registered Determination.
Section 518D.307 — Simultaneous Proceedings.
Section 518D.308 — Expedited Enforcement Of Child Custody Determination.
Section 518D.309 — Service Of Petition And Order.
Section 518D.310 — Hearing And Order.
Section 518D.311 — Warrant To Take Physical Custody Of Child.
Section 518D.312 — Costs, Fees, And Expenses.
Section 518D.313 — Recognition And Enforcement.
Section 518D.315 — Role Of Prosecutor.