Florida Statutes 61.534 – Warrant to take physical custody of child
Current as of: 2023 | Check for updates
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(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. Serious physical harm includes, but is not limited to, being subjected to sex-reassignment prescriptions or procedures as defined in s. 456.001.
(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;
Terms Used In Florida Statutes 61.534
- Child: means an individual who has not attained 18 years of age. See Florida Statutes 61.503
- Court: means an entity authorized under the laws of a state to establish, enforce, or modify a child custody determination. See Florida Statutes 61.503
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Physical custody: means the physical care and supervision of a child. See Florida Statutes 61.503
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Florida Statutes 61.503
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Florida Statutes 61.503
(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.