| (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 writ of assistance to take physical custody of the child if the child is likely to suffer serious imminent physical harm or removal from this state. |
Terms Used In Utah Code 78B-13-311
- Child: means an individual under 18 years of age and not married. See Utah Code 78B-13-102
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Utah Code 78B-13-102
- 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.
- Petitioner: means a person who seeks enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction. See Utah Code 78B-13-301
- Physical custody: means the physical care and supervision of a child. See Utah Code 78B-13-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Respondent: means a person against whom a proceeding has been commenced for enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction. See Utah Code 78B-13-301
- 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 Utah Code 78B-13-102
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
- Writ of assistance: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Utah Code 78B-13-102
| (2) |
If the court, upon the testimony of the petitioner or other witness, finds that the child is likely to suffer serious imminent physical harm or be imminently removed from this state, it may issue a writ of assistance to take physical custody of the child. The petition shall be heard within 72 hours after the writ is executed. The writ shall include the statements required by Subsection 78B-13-308(2). |
| (3) |
A writ to take physical custody of a child shall:
| (a) |
recite the facts upon which a conclusion of serious imminent physical harm or removal from the jurisdiction is based; |
| (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 shall be served with the petition, writ, and order immediately after the child is taken into physical custody. |
| (5) |
A writ of assistance 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 the exigency 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. |
Renumbered and Amended by Chapter 3, 2008 General Session
