40-7-315. Role of prosecutor. (1) 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 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:
(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 prosecutor acts on behalf of the court and may not represent any party to a child custody determination.
History: En. Sec. 39, Ch. 91, L. 1999.
Structure Montana Code Annotated
Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act
40-7-302. Enforcement under Hague convention
40-7-304. Temporary visitation
40-7-305. Registration of child custody determination
40-7-306. Enforcement of registered determination
40-7-307. Simultaneous proceedings
40-7-308. Expedited enforcement of child custody determination
40-7-309. Service of petition and order
40-7-311. Warrant to take physical custody of child
40-7-312. Costs, fees, and expenses
40-7-313. Recognition and enforcement