When Deputies are called upon by an estranged parent or guardian to enforce a court order granting custody or visitation rights of a child, the Deputy shall encourage the concerned parties to comply with the court order. A court order is valid until terminated or modified by a new order; therefore, the more recent the issuance date, the greater the likelihood of the order being valid. A copy of a custody order uncontested as to content by the other parent would generally be sufficient to establish custody or terms of visitation.
Care must be taken to ascertain the validity of any court order prior to taking positive action. However, since the welfare of the child is of paramount concern, problematical situations shall be subject to a first report which will enable Station/Unit detectives to conduct a thorough investigation. Questionable custody decrees and out-of-state orders would be included in these situations.
NOTE: See section 5-02/150.55 and section 5-02/150.60 re Warrants in Lieu of Writs of Habeas Corpus.