Arizona Laws 25-1038. Jurisdiction declined by reason of conduct
A. Except as otherwise provided in section 25-1034, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless any of the following is true:
Terms Used In Arizona Laws 25-1038
- Court: means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. See Arizona Laws 25-1002
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, or public corporation or any other legal or commercial entity. See Arizona Laws 25-1002
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 25-1002
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 section 25-1031, 25-1032 or 25-1033 determines that this state is a more appropriate forum under section 25-1037.
3. A court of any other state would not have jurisdiction under the criteria specified in section 25-1031, 25-1032 or 25-1033.
B. If a court of this state declines to exercise its jurisdiction pursuant to subsection A of this section, 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 section 25-1031, 25-1032 or 25-1033.
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 shall not assess fees, costs or expenses against this state unless authorized by law other than this chapter.