19-A §1775. Role of prosecutor - Maine Statutes

Title 19-A: DOMESTIC RELATIONS HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

Part 3: PARENTS AND CHILDREN HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

Chapter 58: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT HEADING: PL 1999, C. 486, §3 (NEW)

Subchapter 3: ENFORCEMENT HEADING: PL 1999, C. 486, §3 (NEW)

§1775. Role of prosecutor

1. Action by prosecutor. 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 subchapter 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; [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]

B. A request to do so from a court in a pending child custody proceeding; [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]

C. A reasonable belief that a criminal statute has been violated; or [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]

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. [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]

[ 1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF) .]

2. Prosecutor acts on behalf of court. A prosecutor acting under this section acts on behalf of the court and may not represent any party.

[ 1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF) .]

SECTION HISTORY

1999, c. 486, §3 (NEW). 1999, c. 486, §6 (AFF).