§ 30-3-169.6 — Sanctions

Alabama § 30-3-169.6

• Jurisdiction: Alabama
• Title 30: Marital and Domestic Relations
• Ch. 3: Child Custody and Support
• Art. 7A: Alabama Parent-Child Relationship Protection Act

Text

(a) Where a party commences an action without good cause or for the purpose of harassing or causing unnecessary financial or emotional hardships to the other party, after notice and a reasonable opportunity to respond, the court may impose sanctions on a person proposing a change of principal residence of the child or objecting to a proposed change of principal residence of a child if it determines that the proposal was made or the objection was filed based upon any of the following:
(1) To harass a person or to cause unnecessary delay or needless increase in the cost of litigation.
(2) Without being warranted by existing law or based on frivolous argument.
(3) Based on allegations and other factual contentions, which had no evidentiary support nor, if specifically so identified, could not have been reasonably believed to be likely to have evidentiary support after further investigation.
(4) Designed to elicit or discover or lead to the discovery of information protected by Section 30-3-167.
(b) Sanctions imposed under this section shall be limited to those that are sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. The sanction may include directives of a non-monetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the other party of some or all of the reasonable costs, attorney’s fees, and expenses incurred as a direct result of the violation.

Legislative History

(Act 2003-364, p. 1017, §16.)