§5455. Role of prosecutor or public official.  


Latest version.
  • (a) General rule.--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 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:

    (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) Authority.--A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.

Notation

Cross References.  Section 5455 is referred to in sections 5204, 5456, 5457 of this title.