LD 432
pg. 62
Page 61 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 63 of 63
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LR 316
Item 1

 
determination. In most jurisdictions, that would be a proceeding
under this Act. If the prosecutor proceeds pursuant to this Act,
the prosecutor is subject to its provisions. There is nothing in
this Act that would prevent a State from authorizing the prosecutor
or other public official to use additional remedies beyond those
provided in this Act.

 
The public authority does not represent any party to the
custody determination. It acts as a "friend of the court." Its
role is to ensure that the custody determination is enforced.

 
Sections 315-317 [Me. cite sections 1775 to 1777] are limited
to cases covered by this Act, i.e. interstate cases. However,
States may, if they wish, extend this part of the Act to
intrastate cases.

 
It should also be noted that the provisions of this section
relate to the civil enforcement of child custody determinations.
Nothing in this section is meant to detract from the ability of
the prosecutor to use criminal provisions in child abduction
cases.

 
§1776.__Role of law enforcement

 
At the request of a prosecutor acting under section 1775, a
law enforcement officer may take any lawful action reasonably
necessary to locate a child or a party and assist a prosecutor
with responsibilities under section 1775.

 
Uniform Comment

 
This section authorizes law enforcement officials to assist in
locating a child and enforcing a custody determination when
requested to do so by the public authorities. It is to be read
as an enabling provision. Whether law enforcement officials have
discretion in responding to a request by the prosecutor or other
public official is a matter of local law.

 
§1777.__Costs and expenses

 
If the respondent is not the prevailing party, the court may
assess against the respondent all direct expenses and costs
incurred by the prosecutor and law enforcement officers under
section 1775 or 1776.

 
Uniform Comment

 
One of the major problems of utilizing public officials to
locate children and enforce custody and visitation determinations
is cost. This section authorizes the prosecutor and law


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