§ 76-G — Jurisdiction declined by reason of conduct

§ 76-g. Jurisdiction declined by reason of conduct. 1. Except as\notherwise provided in section seventy-six-c of this title or by other\nlaw of this state, if a court of this state has jurisdiction under this\narticle because a person seeking to invoke its jurisdiction has engaged\nin unjustifiable conduct, the court shall decline to exercise its\njurisdiction unless:\n (a) the parents and all persons acting as parents have acquiesced in\nthe exercise of jurisdiction;\n (b) a court of the state otherwise having jurisdiction under sections\nseventy-six through seventy-six-b of this title determines that this\nstate is a more appropriate forum under section seventy-six-f of this\ntitle; or\n (c) no court of any other state would have jurisdiction under the\ncriteria specified in sections seventy-six through seventy-six-b of this\ntitle.\n 2. If a court of this state declines to exercise its jurisdiction\npursuant to subdivision one of this section, it may fashion an\nappropriate remedy to ensure the safety of the child and prevent a\nrepetition of the unjustifiable conduct, including staying the\nproceeding until a child custody proceeding is commenced in a court\nhaving jurisdiction under sections seventy-six through seventy-six-b of\nthis title.\n 3. If a court dismisses a petition or stays a proceeding because it\ndeclines to exercise its jurisdiction pursuant to subdivision one of\nthis section, it shall assess against the party seeking to invoke its\njurisdiction necessary and reasonable expenses including costs,\ncommunication expenses, attorney's fees, investigative fees, expenses\nfor witnesses, travel expenses, and child care during the course of the\nproceedings, unless the party from whom fees are sought establishes that\nthe assessment would be inappropriate. No fees, costs or expenses shall\nbe assessed against a party who is fleeing an incident or pattern of\ndomestic violence or mistreatment or abuse of a child or sibling, unless\nthe court is convinced by a preponderance of evidence that such\nassessment would be clearly appropriate. The court may not assess fees,\ncosts, or expenses against this state unless authorized by law other\nthan this article.\n 4. In making a determination under this section, a court shall not\nconsider as a factor weighing against the petitioner any taking of the\nchild, or retention of the child after a visit or other temporary\nrelinquishment of physical custody, from the person who has legal\ncustody, if there is evidence that the taking or retention of the child\nwas to protect the petitioner from domestic violence or the child or\nsibling from mistreatment or abuse.\n