{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-571-109","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-571-109","heading":"Ex parte warrant for physical custody","body":"A. If a petition under this act contains allegations, and the\n\ncourt finds that there is a credible risk that the child is\n\nimminently likely to be wrongfully removed, the court may issue an\n\nex parte warrant to take physical custody of the child.\n\nB. The respondent on a petition under subsection A of this\n\nsection shall be afforded an opportunity to be heard at the earliest\n\npossible time after the ex parte warrant is executed, but not later\n\nthan the next judicial day unless a hearing on that date is\n\nimpossible. In such event, the court shall hold the hearing on the\n\nfirst judicial day possible.\n\nC. An ex parte warrant under subsection A of this section to\n\ntake physical custody of a child shall:\n\n1. Recite the facts upon which a determination of a credible\n\nrisk of imminent wrongful removal of the child is based;\n\n2. Direct law enforcement officers to take physical custody of\n\nthe child immediately;\n\n3. State the date and time for the hearing on the petition; and\n\n4. Provide for the safe interim placement of the child pending\n\nfurther order of the court.\n\nD. If feasible, before issuing a warrant and before determining\n\nthe placement of the child after the warrant is executed, the court\n\nmay order a search of the relevant databases of the National Crime\n\nInformation Center system and similar state databases to determine\n\nif either the petitioner or respondent has a history of domestic\n\nviolence, stalking, or child abuse or neglect.\n\nE. The petition and warrant shall be served on the respondent\n\nwhen or immediately after the child is taken into physical custody.\n\nF. A warrant to take physical custody of a child, issued by\n\nthis state or another state, is enforceable throughout this state.\n\nIf the court finds that a less intrusive remedy will not be\n\neffective, it may authorize law enforcement officers to enter\n\nprivate property to take physical custody of the child. If required\n\nby exigent circumstances, the court may authorize law enforcement\n\nofficers to make a forcible entry at any hour.\n\nG. If the court finds, after a hearing, that a petitioner\n\nsought an ex parte warrant under subsection A of this section for\n\nthe purpose of harassment or in bad faith, the court may award the\n\nrespondent reasonable attorney fees, costs, and expenses.\n\nH. This act does not affect the availability of relief allowed\n\nunder the laws of this state other than this act.","path":["OK Code","Title 43"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"193d469d9e2b1c651b323893193b5f67d029e32263842ea10fead4e9fc10ae25","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-571-108","next":"us-ok/okla.-stat.-tit.-43-43-571-110"},"notice":"GroundRules: Original legal text. Not legal advice."}