Delaware Code Title 13 Sec. 1940 – Warrant to take physical custody of child
(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 imminently likely to suffer serious physical harm or be removed from this State.
Terms Used In Delaware Code Title 13 Sec. 1940
- Child: means an individual who has not attained 18 years of age. See Delaware Code Title 13 Sec. 1902
- Court: means the Family Court of the State. See Delaware Code Title 13 Sec. 1902
- 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 Delaware Code Title 13 Sec. 1902
- State: means a State of the United States, the District of Columbia, Puerto Rico, the United State Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 13 Sec. 1902
- 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 Delaware Code Title 13 Sec. 1902
(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 § 1937(b) of this title.
(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.
(f) A law-enforcement officer has the authority to enter private property to enforce a warrant to take physical custody of a child.
(g) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.