New Jersey § 2a:34-85
Full text of New Jersey New Jersey Statutes § 2a:34-85, with citation guidance and answers to common questions.
§ 2a:34-85.
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 likely to suffer serious imminent physical
harm or removal from this State. b. If the court, upon the testimony of the petitioner or other witness, finds that
the child is likely to suffer serious imminent physical harm or be imminently removed
from this State, it may issue a warrant to take physical custody of the child. The petition shall be heard on the next judicial day after the warrant is executed. The warrant shall include the statements required by subsection b. of section 30
of this act. 1 c. A warrant to take physical custody of a child shall: (1) recite the facts upon which a conclusion of serious imminent physical harm or
removal from the jurisdiction is based; (2) direct law enforcement officers to take physical custody of the child immediately; (3) provide for the placement of the child pending final relief. d. The respondent shall 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 this State. 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 the exigency 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. After the issuance of any temporary or permanent order determining custody or visitation
of a minor child, a law enforcement officer having reasonable cause to believe that
a person is likely to flee the State with the child or otherwise by flight or concealment
evade the jurisdiction of the courts of this State may take a child into protective
custody and return the child to the parent having lawful custody, or to a court in
which a custody hearing concerning the child is pending. g. After the issuance of any temporary or permanent order determining custody or visitation
of a minor child, a law enforcement officer having reasonable cause to believe that
a person is likely to flee the State with the child or otherwise by flight or concealment
evade the jurisdiction of the courts of this State may take a child into protective
custody and deliver the child to a court in which a custody hearing concerning the
child is pending. 1
N.J.S.A. § 2A:34-82.
Frequently Asked Questions About New Jersey § 2a:34-85
What does New Jersey Statutes § 2a:34-85 cover?
Section 2a:34-85 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 2a:34-85?
A common citation format is "New Jersey Statutes § 2a:34-85" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 2a:34-85 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.