Role of prosecutor

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§1775. Role of prosecutor

1.  Action by prosecutor.  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 subchapter 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;   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

B. A request to do so from a court in a pending child custody proceeding;   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

C. A reasonable belief that a criminal statute has been violated; or   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

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.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

2.  Prosecutor acts on behalf of court.  A prosecutor acting under this section acts on behalf of the court and may not represent any party.  

[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

SECTION HISTORY

PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).


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