§ 20-5-308 — Jurisdiction declined by reason of conduct

Wyoming § 20-5-308

• Jurisdiction: Wyoming
• Title 20: Domestic Relations
• Ch. 5: CHILD CUSTODY
• Art. 3: JURISDICTION

Text

(a) Except as otherwise provided in W.S. 20-5-304 or by
other law of this state, if a court of this state has
jurisdiction under this act because a person seeking to invoke
its jurisdiction has engaged in unjustifiable conduct, the court
shall decline to exercise its jurisdiction unless:
(i) The parents and all persons acting as parents
have acquiesced in the exercise of jurisdiction;
(ii) A court of the state otherwise having
jurisdiction under a provision of law from that state that is in
substantial conformity with W.S. 20-5-301 through 20-5-303
determines that this state is a more appropriate forum under a
provision of law from that state that is in substantial
conformity with W.S. 20-5-307; or
(iii) No court of any other state would have
jurisdiction under the criteria specified in a provision of law
from that state that is in substantial conformity with W.S.
20-5-301 through 20-5-303.
(b) If a court of this state declines to exercise its
jurisdiction pursuant to subsection (a) of this section, it may
provide 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 a provision of
law from that state that is in substantial conformity with W.S.
20-5-301 through 20-5-303.
(c) If a court dismisses a petition or stays a proceeding
because it declines to exercise its jurisdiction pursuant to
subsection (a) of this section, 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 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 this act.