Montana Code 40-7-315. Role of prosecutor
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:
Terms Used In Montana Code 40-7-315
- Child: means an individual who has not attained 18 years of age. See Montana Code 40-7-103
- Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See Montana Code 40-7-103
- Child custody proceeding: means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. See Montana Code 40-7-103
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Montana Code 40-7-103
- Statute: A law passed by a legislature.
(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.