78B-13-208 - Jurisdiction declined by reason of conduct.
78B-13-208. Jurisdiction declined by reason of conduct.
(1) Except as otherwise provided in Section 78B-13-204 or by other law of this state, if acourt of this state has jurisdiction under this chapter because a person invoking the jurisdictionhas engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(a) the parents and all persons acting as parents have acquiesced in the exercise ofjurisdiction;
(b) a court of the state otherwise having jurisdiction under Sections 78B-13-201 through78B-13-203 determines that this state is a more appropriate forum under Section 78B-13-207; or
(c) no other state would have jurisdiction under Sections 78B-13-201 through78B-13-203.
(2) If a court of this state declines to exercise its jurisdiction pursuant to Subsection (1),it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition ofthe wrongful conduct, including staying the proceeding until a child custody proceeding iscommenced in a court having jurisdiction under Sections 78B-13-201 through 78B-13-203.
(3) If a court dismisses a petition or stays a proceeding because it declines to exercise itsjurisdiction pursuant to Subsection (1), it shall charge the party invoking the jurisdiction of thecourt with necessary and reasonable expenses including costs, communication expenses, attorneyfees, investigative fees, expenses for witnesses, travel expenses, and child care during the courseof the proceedings, unless the party from whom fees are sought establishes that the award wouldbe clearly inappropriate. The court may not assess fees, costs, or expenses against this stateexcept as otherwise provided by law other than this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session