Kentucky Statutes 403.836 – Jurisdiction declined by reason of conduct
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(1) Except as otherwise provided in KRS § 403.828, or by other law of this state, if a court of this state has jurisdiction under KRS § 403.800 to KRS § 403.880 because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(a) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(b) A court of the state otherwise having jurisdiction under KRS § 403.822,
403.824, and 403.826 determines that this state is a more appropriate forum under KRS § 403.834; or
(c) No court of any other state would have jurisdiction under the criteria specified in KRS § 403.822, 403.824, and 403.826.
(2) If a court of this state declines to exercise its jurisdiction pursuant to subsection (1) 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 KRS § 403.822, 403.824, and 403.826.
(3) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (1) of this section, 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 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 KRS § 403.800 to KRS § 403.880.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 19, effective July 13, 2004.
(a) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
Terms Used In Kentucky Statutes 403.836
- any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- 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.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) A court of the state otherwise having jurisdiction under KRS § 403.822,
403.824, and 403.826 determines that this state is a more appropriate forum under KRS § 403.834; or
(c) No court of any other state would have jurisdiction under the criteria specified in KRS § 403.822, 403.824, and 403.826.
(2) If a court of this state declines to exercise its jurisdiction pursuant to subsection (1) 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 KRS § 403.822, 403.824, and 403.826.
(3) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (1) of this section, 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 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 KRS § 403.800 to KRS § 403.880.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 19, effective July 13, 2004.