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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 43, § 43-571-109: Ex parte warrant for physical custody

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Where this section sits in the code
  1. OK Code
  2. Title 43

A. If a petition under this act contains allegations, and the

court finds that there is a credible risk that the child is

imminently likely to be wrongfully removed, the court may issue an

ex parte warrant to take physical custody of the child.

B. The respondent on a petition under subsection A of this

section shall be afforded an opportunity to be heard at the earliest

possible time after the ex parte warrant is executed, but not later

than the next judicial day unless a hearing on that date is

impossible. In such event, the court shall hold the hearing on the

first judicial day possible.

C. An ex parte warrant under subsection A of this section to

take physical custody of a child shall:

1. Recite the facts upon which a determination of a credible

risk of imminent wrongful removal of the child is based;

2. Direct law enforcement officers to take physical custody of

the child immediately;

3. State the date and time for the hearing on the petition; and

4. Provide for the safe interim placement of the child pending

further order of the court.

D. If feasible, before issuing a warrant and before determining

the placement of the child after the warrant is executed, the court

may order a search of the relevant databases of the National Crime

Information Center system and similar state databases to determine

if either the petitioner or respondent has a history of domestic

violence, stalking, or child abuse or neglect.

E. The petition and warrant shall be served on the respondent

when or immediately after the child is taken into physical custody.

F. A warrant to take physical custody of a child, issued by

this state or another state, is enforceable throughout this state.

If the court finds that a less intrusive remedy will not be

effective, it may authorize law enforcement officers to enter

private property to take physical custody of the child. If required

by exigent circumstances, the court may authorize law enforcement

officers to make a forcible entry at any hour.

G. If the court finds, after a hearing, that a petitioner

sought an ex parte warrant under subsection A of this section for

the purpose of harassment or in bad faith, the court may award the

respondent reasonable attorney fees, costs, and expenses.

H. This act does not affect the availability of relief allowed

under the laws of this state other than this act.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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