§ 9.7-109. Ex parte warrants for physical custody of child
West's Annotated Code of MarylandFamily LawEffective: October 1, 2023
Effective: October 1, 2023
MD Code, Family Law, § 9.7-109
§ 9.7-109. Ex parte warrants for physical custody of child
(a) If a petition under this title contains allegations, and the court finds that there is a credible risk of abduction, the court may issue an ex parte warrant for physical custody of the child.
(b)(1) The respondent in a petition under subsection (a) of this section shall be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next business day, unless a hearing on the next business day is impossible.
(c) An ex parte warrant under subsection (a) of this section shall:
(d) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center System and similar databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
(e) The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
(f)(1) A warrant to take physical custody of a child issued by this State or another state is enforceable in this State.
(g) If the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection (a) of this section for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney's fees, costs, and expenses.
Credits
Added by Acts 2023, c. 760, § 1, eff. Oct. 1, 2023; Acts 2023, c. 761, § 1, eff. Oct. 1, 2023.
MD Code, Family Law, § 9.7-109, MD FAMILY § 9.7-109
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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