§ 598b-311

598B.311 Warrant to take physical custody of child. 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 custodyof the child if the child is imminently likely to suffer serious physical harm or be removed fromthis state. 2. 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 mayissue a warrant to take physical custody of the child. The petition must be heard on the nextjudicial day after the warrant is executed unless that date is impossible. In that event, thecourt shall hold the hearing on the first judicial day possible. The application for the warrantmust include the statements required by section 598B.308, subsection 2. 3. A warrant to take physical custody of a child must provide all of the following:a. Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based. b. Direct law enforcement officers to take physical custody of the child immediately.c.

the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based. b. Direct law enforcement officers to take physical custody of the child immediately.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 intrusiveremedy is not effective, it may authorize law enforcement officers to enter private propertyto take physical custody of the child. If required by exigent circumstances of the case, thecourt 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. 99 Acts, ch 103, §33Referred to in §598B.309 Sat Dec 23 11:10:35 2023 Iowa Code 2024, Section 598B.311 (15, 1)