Maine Revised Statutes

§1775. Role of prosecutor

1. Action by prosecutor.  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 subchapter 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; [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]
B. A request to do so from a court in a pending child custody proceeding; [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]
C. A reasonable belief that a criminal statute has been violated; or [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]
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. [1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF).]
[ 1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF) .]
2. Prosecutor acts on behalf of court.  A prosecutor acting under this section acts on behalf of the court and may not represent any party.
[ 1999, c. 486, §3 (NEW); 1999, c. 486, §6 (AFF) .]
SECTION HISTORY
1999, c. 486, §3 (NEW). 1999, c. 486, §6 (AFF).