{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-146.32.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-146.32.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-146.32.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-146.32.html"}],"law_id":77444,"edition_id":1,"section_id":77444,"structure_id":13406,"section_number":"20-146.32","catch_line":"Ex parte order to take physical custody of child","history":"2001, c. 305.","full_text":"A\n\nUpon the filing of a petition seeking enforcement of a child custody determination, the petitioner may request in the petition that the court issue an ex parte order that the child be taken into immediate physical custody if the child is imminently likely to suffer serious physical harm or be removed from this Commonwealth. Any petition for an ex parte order shall include the statements required by subsection B of § 20-146.29.B\n\nIf 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 Commonwealth, it may issue an ex parte order to take immediate physical custody of the child. A petition filed to enforce a child custody determination which seeks an ex parte order shall be heard on the next judicial day after the ex parte order is issued the unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.C\n\nAn ex parte order to take physical custody of a child shall:1\n\nRecite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;2\n\nDirect law-enforcement officers to take physical custody of the child immediately; and3\n\nProvide for the placement of the child with the petitioner, suitable relative, other suitable interested individual or the local department of social services pending final relief.D\n\nThe respondent must be served with the petition and ex parte order immediately after the child is taken into physical custody.E\n\nAn ex parte order to take physical custody of a child is enforceable throughout this Commonwealth. 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 exigent circumstances of the case, the court may authorize law-enforcement officers to make a forcible entry at any hour.F\n\nThe court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.","order_by":null,"text":{"0":{"id":277795,"text":"Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may request in the petition that the court issue an ex parte order that the child be taken into immediate physical custody if the child is imminently likely to suffer serious physical harm or be removed from this Commonwealth. Any petition for an ex parte order shall include the statements required by subsection B of § 20-146.29.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277796,"text":"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 Commonwealth, it may issue an ex parte order to take immediate physical custody of the child. A petition filed to enforce a child custody determination which seeks an ex parte order shall be heard on the next judicial day after the ex parte order is issued the unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277797,"text":"An ex parte order to take physical custody of a child shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":277798,"text":"Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":277799,"text":"Direct law-enforcement officers to take physical custody of the child immediately; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":277800,"text":"Provide for the placement of the child with the petitioner, suitable relative, other suitable interested individual or the local department of social services pending final relief.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":277801,"text":"The respondent must be served with the petition and ex parte order immediately after the child is taken into physical custody.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"7":{"id":277802,"text":"An ex parte order to take physical custody of a child is enforceable throughout this Commonwealth. 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 exigent circumstances of the case, the court may authorize law-enforcement officers to make a forcible entry at any hour.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":277803,"text":"The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13406,"edition_id":1,"name":"Enforcement","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13273,"metadata":{},"date_created":"2026-06-26 03:44:50","date_modified":"2026-06-26 03:44:50","permalink":{"id":179313,"object_type":"structure","relational_id":13406,"identifier":"3","token":"20\/7.1\/3","url":"\/20\/7.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13273,"edition_id":1,"name":"Uniform Child Custody Jurisdiction and Enforcement Act","identifier":"7.1","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":179223,"object_type":"structure","relational_id":13273,"identifier":"7.1","token":"20\/7.1","url":"\/20\/7.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63086,"structure_id":13406,"section_number":"20-146.22","catch_line":"Definitions","url":"\/20-146.22\/","token":"20\/7.1\/3\/20-146.22","metadata":false},{"id":59321,"structure_id":13406,"section_number":"20-146.23","catch_line":"Enforcement under Hague Convention","url":"\/20-146.23\/","token":"20\/7.1\/3\/20-146.23","metadata":false},{"id":60597,"structure_id":13406,"section_number":"20-146.24","catch_line":"Duty to enforce","url":"\/20-146.24\/","token":"20\/7.1\/3\/20-146.24","metadata":false},{"id":69527,"structure_id":13406,"section_number":"20-146.25","catch_line":"Temporary visitation","url":"\/20-146.25\/","token":"20\/7.1\/3\/20-146.25","metadata":false},{"id":56762,"structure_id":13406,"section_number":"20-146.26","catch_line":"Registration of child custody determination","url":"\/20-146.26\/","token":"20\/7.1\/3\/20-146.26","metadata":false},{"id":66332,"structure_id":13406,"section_number":"20-146.27","catch_line":"Enforcement of registered determination","url":"\/20-146.27\/","token":"20\/7.1\/3\/20-146.27","metadata":false},{"id":85878,"structure_id":13406,"section_number":"20-146.28","catch_line":"Simultaneous proceedings","url":"\/20-146.28\/","token":"20\/7.1\/3\/20-146.28","metadata":false},{"id":86219,"structure_id":13406,"section_number":"20-146.29","catch_line":"Expedited enforcement of child custody; determination","url":"\/20-146.29\/","token":"20\/7.1\/3\/20-146.29","metadata":false},{"id":69576,"structure_id":13406,"section_number":"20-146.30","catch_line":"Service of petition and order","url":"\/20-146.30\/","token":"20\/7.1\/3\/20-146.30","metadata":false},{"id":73118,"structure_id":13406,"section_number":"20-146.31","catch_line":"Hearing and order","url":"\/20-146.31\/","token":"20\/7.1\/3\/20-146.31","metadata":false},{"id":77444,"structure_id":13406,"section_number":"20-146.32","catch_line":"Ex parte order to take physical custody of child","url":"\/20-146.32\/","token":"20\/7.1\/3\/20-146.32","metadata":false},{"id":59809,"structure_id":13406,"section_number":"20-146.33","catch_line":"Costs, fees, and expenses","url":"\/20-146.33\/","token":"20\/7.1\/3\/20-146.33","metadata":false},{"id":54375,"structure_id":13406,"section_number":"20-146.34","catch_line":"Recognition and enforcement","url":"\/20-146.34\/","token":"20\/7.1\/3\/20-146.34","metadata":false},{"id":67591,"structure_id":13406,"section_number":"20-146.35","catch_line":"Appeals","url":"\/20-146.35\/","token":"20\/7.1\/3\/20-146.35","metadata":false}],"previous_section":{"id":73118,"structure_id":13406,"section_number":"20-146.31","catch_line":"Hearing and order","url":"\/20-146.31\/","token":"20\/7.1\/3\/20-146.31","metadata":false},"next_section":{"id":59809,"structure_id":13406,"section_number":"20-146.33","catch_line":"Costs, fees, and expenses","url":"\/20-146.33\/","token":"20\/7.1\/3\/20-146.33","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-146.32\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 305<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":69576,"section_number":"20-146.30","catch_line":"Service of petition and order","order_by":null,"url":"\/20-146.30\/"}],"refers_to":false,"permalink":{"id":179355,"object_type":"law","relational_id":77444,"identifier":"20-146.32","token":"20\/7.1\/3\/20-146.32","url":"\/20-146.32\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-146.32\/","token":"20\/7.1\/3\/20-146.32","dublin_core":{"Title":"Ex parte order to take physical custody of child","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-146.32","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the filing of a petition<\/span> seeking enforcement of a child custody<\/span> determination, the petitioner<\/span> may request in the petition<\/span> that the court<\/span> issue<\/span> an ex parte<\/span> order<\/span> that the child be taken into immediate physical custody<\/span> if the child is imminently likely to suffer serious physical harm or be removed from this Commonwealth. Any petition<\/span> for an ex parte<\/span> order<\/span> shall include the statements required by subsection B of § 20-146.29<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the court<\/span>, upon the testimony<\/span> of the petitioner<\/span> or other witness<\/span>, finds that the child is imminently likely to suffer serious physical harm or be removed from this Commonwealth, it may issue<\/span> an ex parte<\/span> order<\/span> to take immediate physical custody<\/span> of the child. A petition<\/span> filed to enforce a child custody<\/span> determination which seeks an ex parte<\/span> order<\/span> shall be heard on the next judicial day after the ex parte<\/span> order<\/span> is issued the unless that date is impossible. In that event, the court<\/span> shall hold the hearing<\/span> on the first judicial day possible. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An ex parte<\/span> order<\/span> to take physical custody<\/span> of a child shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Recite the facts<\/span> upon which a conclusion of imminent serious physical harm or removal from the jurisdiction<\/span> is based; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Direct law<\/span>-enforcement officers to take physical custody<\/span> of the child immediately; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Provide for the placement of the child with the petitioner<\/span>, suitable relative, other suitable interested individual or the local department of social services pending final relief. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The respondent<\/span> must be served with the petition<\/span> and ex parte<\/span> order<\/span> immediately after the child is taken into physical custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An ex parte<\/span> order<\/span> to take physical custody<\/span> of a child is enforceable throughout this Commonwealth. If the court<\/span> finds on the basis of the testimony<\/span> of the petitioner<\/span> or other witness<\/span> that a less intrusive remedy is not effective, it may authorize law<\/span>-enforcement officers to enter private property to take physical custody<\/span> of the child. If required by exigent circumstances of the case, the court<\/span> may authorize law<\/span>-enforcement officers to make a forcible entry at any hour. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The court<\/span> may impose conditions upon placement of a child to ensure the appearance<\/span> of the child and the child’s custodian. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEX PARTE ORDER TO TAKE PHYSICAL CUSTODY OF CHILD (\u00a7 20-146.32)\n\nA. Upon the filing of a petition seeking enforcement of a child custody\ndetermination, the petitioner may request in the petition that the court issue\nan ex parte order that the child be taken into immediate physical custody if the\nchild is imminently likely to suffer serious physical harm or be removed from\nthis Commonwealth. Any petition for an ex parte order shall include the\nstatements required by subsection B of § 20-146.29.\n\nB. If the court, upon the testimony of the petitioner or other witness, finds\nthat the child is imminently likely to suffer serious physical harm or be\nremoved from this Commonwealth, it may issue an ex parte order to take immediate\nphysical custody of the child. A petition filed to enforce a child custody\ndetermination which seeks an ex parte order shall be heard on the next judicial\nday after the ex parte order is issued the unless that date is impossible. In\nthat event, the court shall hold the hearing on the first judicial day possible.\n\nC. An ex parte order to take physical custody of a child shall:\n\n 1. Recite the facts upon which a conclusion of imminent serious physical harm\n or removal from the jurisdiction is based;\n\n 2. Direct law-enforcement officers to take physical custody of the child\n immediately; and\n\n 3. Provide for the placement of the child with the petitioner, suitable\n relative, other suitable interested individual or the local department of\n social services pending final relief.\n\nD. The respondent must be served with the petition and ex parte order\nimmediately after the child is taken into physical custody.\n\nE. An ex parte order to take physical custody of a child is enforceable\nthroughout this Commonwealth. If the court finds on the basis of the testimony\nof the petitioner or other witness that a less intrusive remedy is not\neffective, it may authorize law-enforcement officers to enter private property\nto take physical custody of the child. If required by exigent circumstances of\nthe case, the court may authorize law-enforcement officers to make a forcible\nentry at any hour.\n\nF. The court may impose conditions upon placement of a child to ensure the\nappearance of the child and the child’s custodian.\n\nHISTORY: 2001, c. 305.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}