i was wondering if police need a warrent to take your child or is it to investigate u as a person?

Question

i was shown the warrent from a foots distance and fell to the floor, the police than beet me up and mangled me on a flight of stairs for hour and a half and took my child and left me no information at all this took place in Oct. and still nothing i dont think their the childrens aid my son is not even native! and i never seen the warrent and no one will get it for me!

Answer 1

A warrant is not required to removed a child from his or her parents, neither is a warrant required to place you under arrest. All that is required is probable cause.

Now without probable cause or a court order signed by a judge, no officer can remove any child from his or her parents.

Answer 2

You need a warrant to search a person or his property (there are many exceptions). You would need a court order from the family law judge to take a child. That order is kind of a warrant. The difference is that judge's routinely sign warrants on a cop's wrd (they take turns being on call). A "warrant" for a kid would only be issued after a VERY thorough investigation and process...(although emergency custody can be granted under emergency circumstances)

Answer 3

Your Q is posted from Canada, right? So you will need to talk to your provinces' equivalent to a Ministry for Children & Families worker. Also, you are entitled to legal aid, so look in the blue pages of your local phonebook for legal aid services in your area. Finally, information regarding the apprehension of children would be filed as a family court order, to the best of my understanding, so your legal aid lawyer will help you with that. Don't take this the wrong way, 'cuz I don't know you...I'm only making suggestions, but if you were high or off mandatory medication at the time your children were apprehended, you will have to get straight and prove you can stay that way. If you want your kids back, you need to focus on what the ministry is requiring of you. Do they want you to enter a treatment program? Do they want you to seperate from a partner? Only once you can prove your lifestyle and home are once again safe for your kids will you get them back. They don't WANT to keep your kids! They have so many kids in need of protection, that if they can give your kids back safely, they will! Just learn how to meet their criteria and be the mom those kids need!

Answer 4

Warrant is required to take a child or investigate a person as provided for in the Penal Law.

Answer 5

Yes, the police need a warrant to take your child from you. But if the police catch you doing something illegal that endangers your child, they CAN call child protective services to come. THEY do not need a warrant to remove a child from the parents, they just need a decent reason.