2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
5451 - Warrant to take physical custody of child.

     § 5451.  Warrant to take physical custody of child.
        (a)  General rule.--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 this
     Commonwealth.
        (b)  Petition.--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 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 5448(b) (relating to
     expedited enforcement of child custody determination).
        (c)  Warrant.--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)  Time of service.--The respondent must be served with the
     petition, warrant and order immediately after the child is taken
     into physical custody.
        (e)  Enforcement.--A warrant 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)  Appearance of child.--The court may impose conditions
     upon placement of a child to ensure the appearance of the child
     and the child's custodian.

        Cross References.  Section 5451 is referred to in section
     5449 of this title.