(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort 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 prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 20. Uniform Child Custody Jurisdiction and Enforcement Act
§48-20-103. Proceedings Governed by Other Law
§48-20-104. Application to Indian Tribes
§48-20-105. International Application of Chapter
§48-20-106. Effect of Child Custody Determination
§48-20-108. Notice to Persons Outside State
§48-20-109. Appearance and Limited Immunity
§48-20-110. Communication Between Courts
§48-20-111. Taking Testimony in Another State
§48-20-112. Cooperation Between Courts; Preservation of Records
§48-20-201. Initial Child Custody Jurisdiction
§48-20-202. Exclusive, Continuing Jurisdiction
§48-20-203. Jurisdiction to Modify Determination
§48-20-204. Temporary Emergency Jurisdiction
§48-20-205. Notice; Opportunity to Be Heard; Joinder
§48-20-206. Simultaneous Proceedings
§48-20-207. Inconvenient Forum
§48-20-208. Jurisdiction Declined by Reason of Conduct
§48-20-209. Information to Be Submitted to Court
§48-20-210. Appearance of Parties and Child
§48-20-302. Enforcement Under Hague Convention
§48-20-304. Temporary Visitation
§48-20-305. Registration of Child Custody Determination
§48-20-306. Enforcement of Registered Determination
§48-20-307. Simultaneous Proceedings
§48-20-308. Expedited Enforcement of Child Custody Determination
§48-20-309. Service of Petition and Order
§48-20-311. Warrant to Take Physical Custody of Child
§48-20-312. Costs, Fees and Expenses
§48-20-313. Recognition and Enforcement
§48-20-315. Role of Prosecutor or Public Official
§48-20-316. Role of Law Enforcement
§48-20-317. Costs and Expenses
§48-20-401. Application and Construction