§ 598B.208 — Jurisdiction declined by reason of conduct

Iowa § 598B.208

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 598B: UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT

Text

1. Except as otherwise provided in section 598B.204 or by any other law of this state, if
§598B.208, UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT 8
a court of this state has jurisdiction under this chapter because a person seeking to invoke
its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its
jurisdiction unless any of the following applies:
a. The parents and all persons acting as parents have acquiesced in the exercise of
jurisdiction.
b. A court of the state otherwise having jurisdiction under sections 598B.201 through
598B.203 determines that this state is a more appropriate forum under section 598B.207.
c. No court of any other state would have jurisdiction under the criteria specified in
sections 598B.201 through 598B.203.
2. Ifacourtofthisstatedeclinestoexerciseitsjurisdictionpursuanttosubsection1,itmay
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 598B.201 through 598B.203.
3. If a court dismisses a petition or stays a proceeding because it declines to exercise its
jurisdiction pursuant to subsection 1, 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
expenses during the course of the proceedings, unless the party from whom fees are sought
establishes that the assessment would be clearly inappropriate. The court shall not assess
fees, costs, or expenses against this state unless authorized by law other than this chapter.