Full text of Utah Utah Code § 81-11-311 — Writ to take physical custody of child., with citation guidance and answers to common questions.
§ 81-11-311. Writ to take physical custody of child.
Effective 9/1/2025
81-11-311.
Writ to take physical custody of child.
| (1) | 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 writ of assistance to take physical custody of the minor child if the minor child is likely to suffer serious imminent physical harm or removal from this state. |
| (2) |
| (a) | If the court, upon the testimony of the petitioner or other witness, finds that the minor child is likely to suffer serious imminent physical harm or be imminently removed from this state, the court may issue a writ of assistance to take physical custody of the minor child. |
| (b) | The petition shall be heard within 72 hours after the writ is executed. |
| (c) | The writ shall include the statements required by Subsection 81-11-308(2). |
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| (3) | A writ to take physical custody of a minor child shall:
| (a) | recite the facts upon which a conclusion of serious imminent physical harm or removal from the jurisdiction is based; |
| (b) | direct law enforcement officers to take physical custody of the minor child immediately; and |
| (c) | provide for the placement of the minor child pending final relief. |
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| (4) | The respondent shall be served with the petition, writ, and order immediately after the minor child is taken into physical custody. |
| (5) |
| (a) | A writ of assistance to take physical custody of a minor child is enforceable throughout this state. |
| (b) | If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, the court may authorize law enforcement officers to enter private property to take physical custody of the minor child. |
| (c) | If required by the exigency of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. |
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| (6) | The court may impose conditions upon placement of a minor child to ensure the appearance of the minor child and the minor child's custodian. |
Renumbered and Amended by Chapter
426, 2025 General Session
Frequently Asked Questions About Utah § 81-11-311
What does Utah Code § 81-11-311 cover?
Section 81-11-311 ("Writ to take physical custody of child.") is part of the Utah Code, the codified statutory law of Utah. 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 Utah § 81-11-311?
A common citation format is "Utah Code § 81-11-311" (Utah). 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 Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-11-311 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
