Actions by District Attorney

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  1. In a case arising under this article or involving the Hague Convention on the Civil Aspects of International Child Abduction, the district attorney may take any lawful action, including resort 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:
    1. An existing child custody determination;
    2. A request to do so from a court in a pending child custody proceeding;
    3. A reasonable belief that a criminal statute has been violated; or
    4. 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 district attorney acting under this Code section acts on behalf of the court and may not represent any party.

(Code 1981, §19-9-95, enacted by Ga. L. 2001, p. 129, § 1.)

RESEARCH REFERENCES

ALR.

- Construction and application of consent and acquiescence defenses under Article 13 of Hague Convention on the Civil Aspects of International Child Abduction, 5 ALR Fed. 3d 1.


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