Montana § 40-7-315 Role Of Prosecutor

Montana Statutes

§ 40-7-315 — Role Of Prosecutor

Montana·Title 40 FAMILY LAW·Ch. 7 UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT·Part 3 Enforcement

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

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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.

Montana § 40-7-315 (Role Of Prosecutor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.