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2009 Florida Statutes

Section 61.538, Florida Statutes 2009

61.538  Role of state attorney.--

(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. 61.524-61.540 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;

(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.

History.--s. 5, ch. 2002-65.