(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 63-15-364(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: 2008 Act No. 361, Section 2.
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 15 - Child Custody And Visitation
Section 63-15-10. "Tender Years Doctrine" abolished.
Section 63-15-20. Religious faith.
Section 63-15-30. Child's preference.
Section 63-15-40. Consideration of domestic violence.
Section 63-15-50. Domestic violence and visitation; payment for treatment.
Section 63-15-60. De facto custodian.
Section 63-15-210. Definitions.
Section 63-15-220. Parenting plans.
Section 63-15-230. Final custody determination; considerations.
Section 63-15-250. Telephonic and electronic communication between minor child and parents.
Section 63-15-260. Equal access to educational and medical records of child by parents.
Section 63-15-302. Definitions.
Section 63-15-304. Exemption proceedings.
Section 63-15-306. Indian children proceedings exempt.
Section 63-15-308. Recognition of foreign country custody.
Section 63-15-310. Determinations binding.
Section 63-15-312. Jurisdiction issues take priority.
Section 63-15-314. Notice; proof of service; submission to jurisdiction.
Section 63-15-318. Communication with out-of-state courts.
Section 63-15-320. Testimony of out-of-state witnesses.
Section 63-15-322. Request for hearing in another state; preservation of records.
Section 63-15-330. Basis for jurisdiction.
Section 63-15-332. Exclusive, continuing jurisdiction.
Section 63-15-334. Custody modification by another state.
Section 63-15-336. Temporary jurisdiction.
Section 63-15-338. Notice; obligation to join party and right to intervene.
Section 63-15-340. Stays of other proceedings.
Section 63-15-342. Inconvenient forum.
Section 63-15-344. Unjustifiable jurisdiction.
Section 63-15-346. Information regarding other proceedings.
Section 63-15-348. Persons requested to appear.
Section 63-15-350. Definitions.
Section 63-15-352. Enforcement under Hague Convention.
Section 63-15-354. Enforcing other states' orders.
Section 63-15-356. Visitation.
Section 63-15-358. Registration of out-of-state custody order.
Section 63-15-360. Enforcement of registered order.
Section 63-15-362. Modification pending out-of-state.
Section 63-15-364. Enforcement petition.
Section 63-15-366. Service of petition and order.
Section 63-15-368. Physical custody of child.
Section 63-15-370. Warrant to take physical custody.
Section 63-15-374. Full faith and credit.
Section 63-15-380. Assistance of law enforcement.
Section 63-15-382. Assessment of assistance costs.
Section 63-15-390. Uniformity of application.
Section 63-15-392. Severability.
Section 63-15-394. Applicability to prior proceedings.
Section 63-15-410. Adoption petitions not to be denied solely because of person's blindness.
Section 63-15-420. Regulations.
Section 63-15-430. Definitions.
Section 63-15-500. Short title.
Section 63-15-502. Definitions.
Section 63-15-504. Remedies for noncompliance.
Section 63-15-506. Jurisdiction.
Section 63-15-508. Notice required of deploying parent.
Section 63-15-510. Notification required for change of address.
Section 63-15-512. General consideration in custody proceeding of parent's military service.
Section 63-15-514. Form of agreement.
Section 63-15-516. Nature of authority created by agreement.
Section 63-15-518. Modification of agreement.
Section 63-15-520. Power of attorney.
Section 63-15-522. Filing agreement or power of attorney with court.
Section 63-15-524. Proceeding for temporary custody order.
Section 63-15-526. Expedited hearing.
Section 63-15-528. Testimony by electronic means.
Section 63-15-530. Effect of prior judicial order or agreement.
Section 63-15-532. Grant of caretaking or decision-making authority to nonparent.
Section 63-15-534. Grant of limited contact.
Section 63-15-536. Nature of authority created by order.
Section 63-15-538. Content of temporary custody order.
Section 63-15-540. Order for child support.
Section 63-15-548. Visitation before termination of temporary grant of custodial responsibility.
Section 63-15-552. Uniformity of application and construction.
Section 63-15-554. Relation to Electronic Signatures in Global and National Commerce Act.