A. At the time a petition is filed or any time thereafter, the children's court or the district court may issue an ex-parte custody order upon a sworn written statement of facts showing probable cause exists to believe that the child is abused or neglected and that custody under the criteria set forth in Section 32-4-16 [32A-4-18] NMSA 1978 is necessary.
B. The ex-parte custody order shall be served on the respondent by a person authorized to serve arrest warrants and shall direct the officer to take custody of the child and deliver him to a place designated by the court.
C. The Rules of Evidence do not apply to the issuance of an ex-parte custody order.
History: 1978 Comp., § 32A-4-16, enacted by Laws 1993, ch. 77, § 110.
Cross references. — For the applicability of the Rules of Evidence, see Rule 11-1101 NMRA.
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