§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;

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.__Prosecutor acts on behalf of court.__A prosecutor acting under this section acts on behalf of the court and may not represent any party.

Uniform Comment

Sections 315-317 [Me. cite sections 1775 to 1777] are derived from the recommendations of the Obstacles Study that urge a role for public authorities in civil enforcement of custody and visitation determinations. One of the basic policies behind this approach is that, as is the case with child support, the involvement of public authorities will encourage the parties to abide by the terms of the court order. The prosecutor usually would be the most appropriate public official to exercise authority under this section. However, States may locate the authority described in the section in the most appropriate public office for their governmental structure. The authority could be, for example, the Friend of the Court Office or the Attorney General. If the parties know that prosecutors and law enforcement officers are available to help secure the return of a child, the parties may be deterred from interfering with the exercise of rights established by court order.

The use of public authorities should provide a more effective method of remedying violations of the custody