40-7-315. 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 resorting to a proceeding under this part 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 prosecutor acts on behalf of the court and may not represent any party to a child custody determination. History: En. Sec. 39, Ch. 91, L. 1999.
Montana Legal Code
§ 40-7-315
Source: https://mca.legmt.gov/bills/mca/title_0400/chapter_0070/part_0030/section_0150/0400-0070-0030-0150.html· Version 2025