Section 3127.45. Actions to locate, obtain return of child, or enforce custody determination  


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  • (A) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects in International Child Abduction, the prosecutor may take any lawful action, including resort to a proceeding under sections 3127.31 to 3127.47 of the Revised Code 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:

    (1) An existing child custody determination;

    (2) A request to locate a child, obtain the return of a child, or enforce a child custody determination from a court in a pending child custody proceeding;

    (3) A reasonable belief that a criminal statute has been violated;

    (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 acting under this section acts on behalf of the court and may not represent any party.

Effective Date: 04-11-2005