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Florida Statute 61.534 | Lawyer Caselaw & Research
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F.S. 61.534 Case Law from Google Scholar Google Search for Amendments to 61.534

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.534
61.534 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 likely to imminently suffer serious physical harm or removal from this state. Serious physical harm includes, but is not limited to, being subjected to sex-reassignment prescriptions or procedures as defined in s. 456.001.
(2) If the court, upon the testimony of the petitioner or other witness, finds that the child is likely to imminently suffer serious physical harm or removal 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 s. 61.531(2).
(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.
History.s. 5, ch. 2002-65; s. 2, ch. 2023-90.

F.S. 61.534 on Google Scholar

F.S. 61.534 on Casetext

Amendments to 61.534


Arrestable Offenses / Crimes under Fla. Stat. 61.534
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.534.



Annotations, Discussions, Cases:

Cases Citing Statute 61.534

Total Results: 1

Allied Equipment, Inc. v. Opa Locka Silica Sand Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1961-10-26T00:00:00-08:00

Citation: 133 So. 2d 800

Snippet: PER CURIAM. Appeal dismissed. No. 61-534 District Court of Appeal of Florida fladistctapp