Iowa Code 598B.315 – Role of prosecutor
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Terms Used In Iowa Code 598B.315
- Child: includes child by adoption. See Iowa Code 4.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Statute: A law passed by a legislature.
598B.315 Role of prosecutor.
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 resort to a proceeding under this article 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 any of the following:
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.
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 acting under this section acts on behalf of the court and shall not represent any party.
99 Acts, ch 103, §37
Referred to in §598B.316, 598B.317
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 resort to a proceeding under this article 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 any of the following:
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.
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 acting under this section acts on behalf of the court and shall not represent any party.
99 Acts, ch 103, §37
Referred to in §598B.316, 598B.317