40-7-315. Role of prosecutor. - Montana Statutes

     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.