§ 43-551-315. Role of district attorney.  


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  • ROLE OF DISTRICT ATTORNEY

    A.  In a case arising under this act or involving the Hague Convention on the Civil Aspects of International Child Abduction, the district attorney may take any lawful action, including resorting to a proceeding under this article 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 district attorney acting under this section acts on behalf of the court and may not represent any party.

Added by Laws 1998, c. 407, § 37, eff. Nov. 1, 1998.