                                 CODE OF VIRGINIA

EX PARTE ORDER TO TAKE PHYSICAL CUSTODY OF CHILD (§ 20-146.32)

A. 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 &#xA7; 20-146.29.

B. 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.

C. An ex parte order to take physical custody of a child shall:

   1. Recite the facts upon which a conclusion of imminent serious physical harm
   or removal from the jurisdiction is based;

   2. Direct law-enforcement officers to take physical custody of the child
   immediately; and

   3. 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.

D. The respondent must be served with the petition and ex parte order
immediately after the child is taken into physical custody.

E. 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.

F. The court may impose conditions upon placement of a child to ensure the
appearance of the child and the child&#8217;s custodian.

HISTORY: 2001, c. 305.