598B.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 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 any of the following:

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.

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 acting under this section acts on behalf of the court and shall not represent any party.

Section History: Recent form

  99 Acts, ch 103, §37

Internal References

  Referred to in § 598B.316, 598B.317


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