§ 81-11-208 — Jurisdiction declined by reason of conduct.

(1) Except as otherwise provided in Section 81-11-204 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person invoking the jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise the court's jurisdiction unless:
(1)(a) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(1)(b) a court of the state otherwise having jurisdiction under Sections 81-11-201 through 81-11-203 determines that this state is a more appropriate forum under Section 81-11-207; or
(1)(c) no other state would have jurisdiction under Sections 81-11-201 through 81-11-203.
(2) If a court of this state declines to exercise the court's jurisdiction in accordance with Subsection (1), the court may fashion an appropriate remedy to ensure the safety of the minor child and prevent a repetition of the wrongful conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections 81-11-201 through 81-11-203.
(3) (3)(a) If a court dismisses a petition or stays a proceeding because it declines to exercise the court's jurisdiction in accordance with Subsection (1), the court shall charge the party invoking the jurisdiction of the court with necessary and reasonable expenses including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the award would be clearly inappropriate.
(3)(b) The court may not assess fees, costs, or expenses against this state except as otherwise provided by law other than this chapter.

Legislative History

Renumbered and Amended by Chapter 426, 2025 General Session