Florida Statutes
Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542)
61.538 - Role of state attorney.


(1) In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the state attorney may take any lawful action, including resort to a proceeding under ss. 61.524-61.540 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 state attorney acting under this section acts on behalf of the court and may not represent any party.
History.—s. 5, ch. 2002-65.

Structure Florida Statutes

Florida Statutes

Title VI - Civil Practice and Procedure

Chapter 61 - Dissolution of Marriage; Support; Time-Sharing

Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542)

61.501 - Short title.

61.502 - Purposes of part; construction of provisions.

61.503 - Definitions.

61.504 - Proceedings governed by other law.

61.505 - Application to Indian tribes.

61.506 - International application of part.

61.507 - Effect of child custody determination.

61.508 - Priority.

61.509 - Notice to persons outside the state.

61.510 - Appearance and limited immunity.

61.511 - Communication between courts.

61.512 - Taking testimony in another state.

61.513 - Cooperation between courts; preservation of records.

61.514 - Initial child custody jurisdiction.

61.515 - Exclusive, continuing jurisdiction.

61.516 - Jurisdiction to modify a determination.

61.517 - Temporary emergency jurisdiction.

61.518 - Notice; opportunity to be heard; joinder.

61.519 - Simultaneous proceedings.

61.520 - Inconvenient forum.

61.521 - Jurisdiction declined by reason of conduct.

61.522 - Information to be submitted to the court.

61.523 - Appearance of parties and child.

61.524 - Definitions.

61.525 - Enforcement under the Hague Convention.

61.526 - Duty to enforce.

61.527 - Temporary visitation.

61.528 - Registration of child custody determination.

61.529 - Enforcement of registered determination.

61.530 - Simultaneous proceedings.

61.531 - Expedited enforcement of child custody determination.

61.532 - Service of petition and order.

61.533 - Hearing and order.

61.534 - Warrant to take physical custody of child.

61.535 - Costs, fees, and expenses.

61.536 - Recognition and enforcement.

61.537 - Appeals.

61.538 - Role of state attorney.

61.539 - Role of law enforcement officers.

61.540 - Costs and expenses.

61.541 - Application and construction.

61.542 - Transitional provision.