Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Section 315 -- ROLES OF PROSECUTORS

Article by Richard Crouch, Attorney at Law, Crouch & Crouch, Arlington, Virginia; (703) 528-6700;
Copyright Richard Crouch 1999. Originally Published in Family Law News, a Virginia
State Bar Publication

Table of Contents of UCCJA Article | Introduction

Proposed §146.36 (UCCJEA SECTION 315) CONCERNING THE ROLES OF THE PROSECUTORS. Subsection (b), clarifying that a prosecutor is not there to go to bat for a particular party, is a good provision.

Text of this Section of Uniform Act:

SECTION 315. ROLE OF [PROSECUTOR OR PUBLIC OFFICIAL].

(a) In a case arising under this [Act] or involving the Hague Convention
on the Civil Aspects of International Child Abduction, the [prosecutor
or other appropriate public official] 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:

(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) A [prosecutor or appropriate public official] acting under this
section acts on behalf of the court and may not represent any party.

Virginia Version:

§20-146.36. Role of attorney for the Commonwealth.

A. In a case arising under this Act or involving the Hague Convention on the Civil Aspects of International Child Abduction, the attorney for the Commonwealth 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:

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. An attorney for the Commonwealth acting under this section acts on behalf of the court and may not represent any party.

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