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Terms Used In Vermont Statutes Title 15 Sec. 1093

  • Child: means an individual who has not attained 18 years of age. See
  • Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See
  • Child custody proceeding: means a proceeding in which legal custody or parental rights, physical custody, or visitation or parent child contact with respect to a child is an issue. See
  • Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the U. See
  • Statute: A law passed by a legislature.

§ 1093. Role of Attorney General; role of law enforcement

(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the Attorney General or a State‘s Attorney 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) The Attorney General or a State’s Attorney acting under this section acts on behalf of the court and shall not represent any party.

(c) At the request of the Attorney General or a State’s Attorney acting under this section, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the Attorney General or State’s Attorney with responsibilities under this section. (Added 2011, No. 29, § 1.)