New Mexico § 40-10A-315 Role of prosecutor or public official

New Mexico Statutes

§ 40-10A-315 — Role of prosecutor or public official

New Mexico § 40-10A-315

Ch. 40Domestic Affairs

Art. 3ENFORCEMENT

This text of New Mexico § 40-10A-315 (Role of prosecutor or public official) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 40-10A-315 (2026).

Text

(a)In a case arising under the Uniform Child-Custody Jurisdiction and Enforcement Act or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act 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:

(1)an existing child-custody determination;

(2)a request to do so from a court in a pending child-custody proceeding;

(3)a reasonable belief that a criminal statute has been violated; or (4) a reasonable belief that the child has been wrongfully removed or retained in violation of the H

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(a) In a case arising under the Uniform Child-Custody Jurisdiction and Enforcement Act or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act 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: (1) an existing child-custody determination; (2) a request to do so from a court in a pending child-custody proceeding; (3) a reasonable belief that a criminal statute has been violated; or (4) 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. (b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.