Role of prosecutor

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  • (a) 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 resort 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:

    • (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.

  • (b) A prosecutor acting under this section acts on behalf of the court and may not represent any party.


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