61.538 Role of state attorney. - Florida Statutes

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.