(1) In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the state attorney may take any lawful action, including resort to a proceeding under ss. 61.52461.540 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;

Terms Used In Florida Statutes 61.538

  • Child: means an individual who has not attained 18 years of age. See Florida Statutes 61.503
  • Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a child. See Florida Statutes 61.503
  • Child custody proceeding: means a proceeding in which legal custody, physical custody, residential care, or visitation with respect to a child is an issue. See Florida Statutes 61.503
  • Court: means an entity authorized under the laws of a state to establish, enforce, or modify a child custody determination. See Florida Statutes 61.503
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Florida Statutes 61.503
  • Statute: A law passed by a legislature.
(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 state attorney acting under this section acts on behalf of the court and may not represent any party.