N.D. Cent. Code § 14-14.1-31
14-14.1-31. (311) Warrant to take physical custody of child
14-14.1-31. (311) Warrant 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 warrant to take physical
custody of the child if the child is immediately likely to suffer serious physical harm or
be removed from this state.
2. 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 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 subsection 2 of section
14-14.1-28.
3. A warrant to take physical custody of a child must:
a. Recite the facts upon which a conclusion of imminent serious physical harm or
removal from the jurisdiction is based;
b. Direct law enforcement officers to take physical custody of the child immediately;
and
c. Provide for the placement of the child pending final relief.
4. The respondent must be served with the petition, warrant, and order immediately after
the child is taken into physical custody.
5. A warrant to take physical custody of a child is enforceable throughout this 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.
6. The court may impose conditions upon placement of a child to ensure the appearance
of the child and the child's custodian.