§ 43-551-208. Jurisdiction declined by reason of conduct.

JURISDICTION DECLINED BY REASON OF CONDUCT

A.  Except as otherwise provided in Section 16 of this act or by another law of this state, if a court of this state has jurisdiction under this act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

1.  The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

2.  A court of the state otherwise having jurisdiction under Sections 13 through 15 of this act determines that this state is a more appropriate forum under Section 19 of this act; or

3.  No court of any other state would have jurisdiction under the criteria specified in Sections 13 through 15 of this act.

B.  If a court of this state declines to exercise its jurisdiction pursuant to subsection A of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections 13 through 15 of this act.

C.  If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection A of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate.  The court may not assess fees, costs, or expenses against this state unless authorized by law other than this act.

Added by Laws 1998, c. 407, § 20, eff. Nov. 1, 1998.