Emergency Custody in North Dakota
In North Dakota, the law provides for emergency custody orders in situations where a child is in imminent danger of harm. This article will explore the legal provisions and procedures for obtaining emergency custody in North Dakota.
Emergency Custody Order
According to North Dakota Century Code 14-09.4-10, a court may expedite proceedings and issue an emergency order if it finds that a child who is the subject of a proceeding is in danger of imminent harm. This provision allows for immediate intervention in situations where a child’s safety is at risk.
Warrant to Take Physical Custody of a Child
Under North Dakota Century Code 14-14.1-31, a petitioner seeking enforcement of a child custody determination 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 the state.
The court, upon the testimony of the petitioner or other witness, may issue a warrant to take physical custody of the child if it finds that the child is imminently likely to suffer serious physical harm or be removed from the state. 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.
Conditions for Issuing a Warrant
The application for the warrant must include the statements required by subsection 2 of section 14-14.1-28. The warrant to take physical custody of a child must:
- Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
- Direct law enforcement officers to take physical custody of the child immediately; and
- Provide for the placement of the child pending final relief.
The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody. A warrant to take physical custody of a child is enforceable throughout the 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 exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
Costs, Fees, and Expenses
According to North Dakota Century Code 14-14.1-32, the court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings.
In conclusion, yes, you can request emergency custody in North Dakota if you believe a child is in imminent danger of harm. However, it is crucial to consult with a legal professional to understand the full implications and procedures involved in such a request.