Statutes: Maryland

Authorization

(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.

Hearings

(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.

(2) If a hearing under paragraph (1) of this subsection is not possible, the court shall hold the hearing on the first business day possible.

Requirements

(c) An ex parte warrant under subsection (a) of this section shall:

(1) recite the facts on which a determination of a credible risk of imminent wrongful removal of the child is based;

(2) direct law enforcement officers to take physical custody of the child immediately;

(3) state the date and time for the hearing on the petition; and

(4) provide for the safe interim placement of the child pending further order of the court.

Search of databases

(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.

Service

(e) The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.

Enforceability; entry on private property; forcible entry

(f)(1) A warrant to take physical custody of a child issued by this State or another state is enforceable in this State.

(2) If the court finds that a less intrusive remedy will not be effective, the court may authorize law enforcement officers to enter private property to take physical custody of the child.

(3) If required by exigent circumstances, a court may authorize law enforcement officers to make a forcible entry at any hour.

Harassment or bad faith

(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.

Other relief

(h) This title does not affect the availability of relief in other provisions of State law.