N.Y. Domestic Relations Law § 77-j: Warrant to take physical custody of child

§ 77-j. 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 custody of the child if the child is at imminent risk

of suffering serious physical harm or of removal from this state.

2. If the court, upon the testimony of the petitioner or other

witness, finds that the child is likely to suffer imminent serious

physical harm or to be removed from this state, it may issue a warrant

to take physical custody of the child. Except in extraordinary

circumstances, the petition must be heard on the next court day after

the warrant is executed. Any adjournment for extraordinary circumstances

shall be for not more than three court days. The application for the

warrant must include the statements required by subdivision two of

section seventy-seven-g of this title.

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;

(b) direct law enforcement officers to take physical custody of the

child immediately and deliver the child to the petitioner or, where

necessary, to act jointly with the local child protective service to

take immediate steps to protect the child; 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 in order to execute the warrant and take physical custody of

the child. If required by exigent circumstances of the case and

necessary to the protection of the child, 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.