New Mexico § 40-10A-208 Jurisdiction declined by reason of conduct

New Mexico Statutes

§ 40-10A-208 — Jurisdiction declined by reason of conduct

New Mexico § 40-10A-208

Ch. 40Domestic Affairs

Art. 2JURISDICTION

This text of New Mexico § 40-10A-208 (Jurisdiction declined by reason of conduct) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 40-10A-208 (2026).

Text

(a)Except as otherwise provided in Section 204 or by other law of this state, if a court of this state has jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement 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 201 through 203 determines that this state is a more appropriate forum under Section 207; or (3) no court of any other state would have jurisdiction under the criteria specified in Sections 201 through 203.

(b)If a court of this state declines to exercise its jurisdiction pursuant to subsecti

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(a) Except as otherwise provided in Section 204 or by other law of this state, if a court of this state has jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement 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 201 through 203 determines that this state is a more appropriate forum under Section 207; or (3) no court of any other state would have jurisdiction under the criteria specified in Sections 201 through 203. (b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a), 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 201 through 203. (c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses, including costs, communication expenses, attorney's 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 may not assess fees, costs or expenses against this state unless authorized by law other than the Uniform Child-Custody Jurisdiction and Enforcement Act.