Guam § 39311 - Warrant to take Physical Custody of Child.

§ 39311. Warrant to take Physical Custody of Child.

(a) 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 immediately

likely to suffer serious physical harm or be removed from Guam.

(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 Guam, it may issue a warrant to take physical custody of the

child. The petition must be heard on the next judicial day after the warrant is

executed unless that date is impossible. In that event, the court shall hold the

hearing on the first judicial day possible. The application for the warrant

must include the statements required by section 39308(b).

(c) A warrant to take physical custody of a child must:

(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 pending final relief.

(d) The respondent must be served with the petition, warrant, and order

immediately after the child is taken into physical custody.

(e) A warrant to take physical custody of a child is enforceable

throughout Guam. 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's custodian.

COL11192013

CH. 39 UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT