KANSAS STATUTES AND CODES

38-1355. Jurisdiction declines by reason of conduct.

38-1355

Chapter 38.--MINORS Article 13.--CHILD CUSTODY JURISDICTION

38-1355. Jurisdiction declines by reason ofconduct.(UCCJEA 208). (a) Except as otherwise provided in K.S.A. 38-1351and amendments thereto or by other law of this state, if a court of this statehas jurisdiction under this act because a person seeking to invoke itsjurisdiction has engaged in unjustifiable conduct, the court shall decline toexercise its jurisdiction unless:

(1) The parents and all persons acting as parents have acquiesced inthe exercise of jurisdiction;

(2) a court of the state otherwise having jurisdiction underK.S.A. 38-1348 through 38-1350 and amendments thereto, determines that thisstate is amore appropriate forum under K.S.A. 38-1354 and amendments thereto; or

(3) no court of any other state would have jurisdiction under thecriteria specified in K.S.A. 38-1348 through 38-1350 and amendments thereto.

(b) If a court of this state declines to exercise its jurisdiction pursuantto subsection (a), it may fashion an appropriate remedy to ensure the safety ofthe child and prevent a repetition of the unjustifiable conduct, includingstaying the proceeding until a child-custody proceeding is commenced in a courthaving jurisdiction under K.S.A. 38-1348 through 38-1350 and amendmentsthereto.

(c) If a court dismisses a petition or stays a proceeding because it declinesto exercise its jurisdiction pursuant to subsection (a), it shall assessagainst the party seeking to invoke its jurisdiction necessary and reasonableexpenses including costs, communication expenses, attorney fees, investigativefees, expenses for witnesses, travel expenses, and child care during the courseof the proceedings, unless the party from whom fees are sought establishes thatthe assessment would be clearly inappropriate. The court may not assess fees,costs, or expenses against this state unless authorized by law other than thisact.

History: L. 2000, ch. 171, § 50; July 1.