1. The Laws of New York
  2. Consolidated Laws
  3. Domestic Relations
  4. Article 5-A: Uniform Child Custody Jurisdiction and Enforcement Act
  5. Title 3: Enforcement


Section 77-N Role of prosecutor or public official

Domestic Relations (DOM)

1. In a case arising under this article 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 title 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 or appropriate public official acting under this section acts on behalf of the state or local government entity and may not represent any private party.