§ 31-21-5-9 — Court declining exercise of jurisdiction if person engaged in unjustifiable conduct; exceptions; remedies; reasonable expenses

(a) Except as otherwise provided in section 4
of this chapter or by any other Indiana law, if an Indiana court has
jurisdiction under this article because a person seeking to invoke its
jurisdiction has engaged in unjustifiable conduct, the court shall
decline to exercise its jurisdiction unless:
(1) the child's parents and any person acting as a parent have
acquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having jurisdiction under
sections 1 through 3 of this chapter determines that Indiana is a
more appropriate forum under section 8 of this chapter; or
(3) no court of any other state would have jurisdiction under the
criteria specified in sections 1 through 3 of this chapter.
(b) If an Indiana court declines to exercise its jurisdiction under
subsection (a), the Indiana court may fashion an appropriate remedy to:
(1) ensure the safety of the child; and
(2) 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 1 through 3
of this chapter.
(c) If a court dismisses a petition or stays a proceeding because it
declines to exercise its jurisdiction under subsection (a), the court shall
assess against the party seeking to invoke its jurisdiction necessary and
reasonable expenses, including:
(1) costs;
(2) communication expenses;
(3) attorney's fees;
(4) investigative fees;
(5) expenses for witnesses;
(6) travel expenses; and
(7) 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 the state unless authorized by law other
than this article.

Legislative History

As added by P.L.138-2007, SEC.45.