(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 imminently likely to suffer serious physical harm or be removed from this state.
822.41.Warrant to take physical custody of child.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.41 lets a petitioner seeking to enforce a custody determination ask for a warrant authorizing law enforcement to take physical custody of a child who is imminently likely to suffer serious physical harm or be removed from Wisconsin.
Full Text of Section 822.41
(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 shall 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. 822.38 (2).
(3) A warrant to take physical custody of a child shall do all of the following:
(a) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the state is based.
(b) Direct law enforcement officers to take physical custody of the child immediately.
(c) Provide for the placement of the child pending final relief.
(4) The respondent shall 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.
Plain-English Summary
Some enforcement cases cannot wait for the standard hearing schedule. Section 822.41 lets a petitioner who has already filed an enforcement petition also file a verified application for a warrant to take physical custody of the child, but only on a showing that the child is imminently likely to suffer serious physical harm or be removed from the state.
If the court, based on testimony from the petitioner or another witness, makes that finding, it may issue the warrant. The application has to include the same statements a standard enforcement petition would under s. 822.38 (2), and once the warrant is executed, the court holds a hearing on the next judicial day, or the first day it can if that is not possible.
The warrant itself must recite the facts supporting the finding of imminent harm or removal, direct law enforcement to take physical custody of the child right away, and address where the child will be placed pending final relief. The respondent is served with the petition, warrant, and order immediately after the child is taken into custody, not before.
The warrant is enforceable anywhere in Wisconsin. If a less intrusive approach will not work, the court can authorize officers to enter private property to take the child, and in exigent circumstances it can authorize a forcible entry at any hour. The court may also attach conditions to the child’s placement to make sure the child and the child’s custodian show up as required.
Frequently Asked Questions
When can I ask a Wisconsin court for a warrant to take physical custody of my child?
Section 822.41 allows this when the child is imminently likely to suffer serious physical harm or be removed from Wisconsin, shown through a verified application and the petitioner’s or another witness’s testimony.
Does the respondent get notice before the warrant is executed?
No. Section 822.41 has the respondent served with the petition, warrant, and order immediately after the child is taken into physical custody, not beforehand.
Can law enforcement force their way into a home to execute the warrant?
Yes, in limited circumstances. If a less intrusive remedy would not work, the court may authorize officers to enter private property, and if exigent circumstances require it, may authorize a forcible entry at any hour.
What must the warrant itself contain?
Under Section 822.41, it must recite the facts supporting the finding of imminent serious harm or removal, direct officers to take physical custody of the child immediately, and provide for the child’s placement pending final relief.
How soon is the hearing held after the warrant is executed?
The petition is heard on the next judicial day after the warrant is executed, unless that is impossible, in which case the court holds the hearing on the first judicial day it can.
Amendment History
History: 2005 a. 130.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin pickup order child custodywarrant to take physical custody of child wisconsinemergency child recovery warrant wisconsinforcible entry retrieve child wisconsinimminent harm custody warrant