ROBERT L. EHRLICH, JR., Governor                            S.B. 269

(B)     THE COURT SHALL AWARD THE FEES, COSTS, AND EXPENSES
AUTHORIZED UNDER § 9.5-312 OF THIS SUBTITLE AND MAY GRANT ADDITIONAL
RELIEF, INCLUDING A REQUEST FOR THE ASSISTANCE OF LAW ENFORCEMENT
OFFICIALS, AND SET A FURTHER HEARING TO DETERMINE WHETHER ADDITIONAL
RELIEF IS APPROPRIATE.

(C)     IF A PARTY CALLED TO TESTIFY REFUSES TO ANSWER ON THE GROUND
THAT THE TESTIMONY MAY BE SELF-INCRIMINATING, THE COURT MAY DRAW AN
ADVERSE INFERENCE FROM THE REFUSAL.

(D)     A PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS BETWEEN
SPOUSES AND A DEFENSE OF IMMUNITY BASED ON THE RELATIONSHIP OF HUSBAND
AND WIFE OR PARENT AND CHILD MAY NOT BE INVOKED IN A PROCEEDING UNDER
THIS SUBTITLE.

9.5-311.

(A)     ON 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.

(B)     (1) IF THE COURT, ON 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.

(2)      (I) THE PETITION SHALL BE HEARD ON THE NEXT JUDICIAL DAY
AFTER THE WARRANT IS EXECUTED UNLESS THAT DATE IS IMPOSSIBLE.

(II) IN THAT EVENT, THE COURT SHALL HOLD THE HEARING ON
THE FIRST JUDICIAL DAY POSSIBLE.

(3)      THE APPLICATION FOR THE WARRANT SHALL INCLUDE THE
STATEMENTS REQUIRED BY § 9.5-308(B) OF THIS SUBTITLE.

(C)     A WARRANT TO TAKE PHYSICAL CUSTODY OF A CHILD SHALL:

(1)      RECITE THE FACTS ON WHICH A CONCLUSION OF IMMINENT
SERIOUS PHYSICAL HARM OR REMOVAL FROM THE JURISDICTION IS BASED;

(2)      DIRECT LAW ENFORCEMENT OFFICERS TO TAKE PHYSICAL
CUSTODY OF THE CHILD IMMEDIATELY; AND

(3)      PROVIDE FOR THE PLACEMENT OF THE CHILD PENDING FINAL
RELIEF.

(D)     THE RESPONDENT SHALL BE SERVED WITH THE PETITION, WARRANT,
AND ORDER IMMEDIATELY AFTER THE CHILD IS TAKEN INTO PHYSICAL CUSTODY.

(E)     (1) A WARRANT TO TAKE PHYSICAL CUSTODY OF A CHILD IS
ENFORCEABLE THROUGHOUT THIS STATE.

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