§ 518D.315 — Role of Prosecutor
Plain-Language Summary
A prosecutor or public official can take legal action to locate a child, get a child returned, or enforce a custody order. This includes cases under the Hague Convention for international child abduction. The prosecutor acts on behalf of the court, not either parent.
518D.315 ROLE OF PROSECUTOR.
(a) In a case arising under this chapter 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 sections 518D.301 to 518D.317 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 acting under this section acts on behalf of the court and may not represent any party.
History:
History: History:
1999 c 74 s 15