West Virginia Code § 48-20-311

Warrant to take physical custody of child
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(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 imminently likely to suffer serious physical harm or be
removed from this state.
(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 this state, 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 impuossible. 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 subsection 20-308(tb).
(c) A warrant to take physical custody of a child must:
(1) Recite the facts upon which a conclusion of immlinent serious physical harm or removal
from the jurisdiction is based; s
(2) Direct law-enforcement officers to takei 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 this state. If the
court finds on the ba sis 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.

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