GroundRules
← Search the law
Montana · Through Montana Code Annotated 2025

40-7-315: Role of prosecutor.

Read at publisher ↗
Where this section sits in the code
  1. TITLE 40. FAMILY LAW
  2. CHAPTER 7. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
  3. Part 3. Enforcement

(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:

(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.

Collected 2026-09-14T04:55:01Z. Source file · JSON

Browse this collection