78B-13-315 - Role of prosecutor or attorney general.
78B-13-315. Role of prosecutor or attorney general.
(1) In a case arising under this chapter or involving the Hague Convention on the CivilAspects of International Child Abduction, the prosecutor or Attorney General may take anylawful action, including resort to a proceeding under this chapter or any other available civilproceeding to locate a child, obtain the return of a child, or enforce a child custody determinationif there is:
(a) an existing child custody determination;
(b) a request from a court in a pending child custody case;
(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 inviolation of the Hague Convention on the Civil Aspects of International Child Abduction.
(2) A prosecutor or attorney general acts on behalf of the court and may not represent anyparty to a child custody determination.
Renumbered and Amended by Chapter 3, 2008 General Session