Custody Exchange Standby

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Custody Exchange Standby occurs when a Constable is present while parties exchange custody of a minor. Custody Standby is intended to keep the peace.

There are limitations on the actions a Constable will take during a Custody Standby.

  • Constable Serefine will not force a minor to go with one parent or the other.

  • Constable Serefine will not restrain the movement of any person or vehicle.

  • Constable Serefine will not physically detain any party unless there is a breach of the peace.

  • Constable Serefine will not resolve disputes regarding the custody dispute.

  • Constable Serefine will not allow removal of disputed property.

The parties should bring disputes to the Court that issued the Custody Order at the next court hearing.

Constable Serefine upon request will document the exchange or failure to exchange and will be available to serve as a witness in a hearing for an additional charge.

A Custody Exchange Standby does not give a Constable the right to trespass on real property. Constable Serefine will leave the premises if asked to do so. Likewise, if a party or any other person assisting a party is asked to leave the premises and refuses to leave, that person may be subject to arrest or issuance of a citation/complaint for Criminal Trespass.

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