Current through the 2023 Regular Session
Section 40-7-315 - Role of prosecutor(1) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor may take any lawful action, including resorting to a proceeding under this part or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination if there is: (a) an existing child custody determination;(b) a request to do so from a court in a pending child custody proceeding;(c) a reasonable belief that a criminal statute has been violated; or(d) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.(2) A prosecutor acts on behalf of the court and may not represent any party to a child custody determination.En. Sec. 39, Ch. 91, L. 1999.