452.775. Jurisdiction declined by reason of conduct.

MISSOURI STATUTES AND CODES

452.775. Jurisdiction declined by reason of conduct.

Jurisdiction declined by reason of conduct.

452.775. 1. Except as otherwise provided in section 452.755, if acourt of this state has jurisdiction under sections 452.700 to 452.930because a person invoking the jurisdiction has engaged in unjustifiableconduct, the court shall decline to exercise 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 under sections452.740 to 452.750 determines that this state is a more appropriate forumunder section 452.770; or

(3) No other state would have jurisdiction under sections 452.740 to452.750.

2. If a court of this state declines to exercise its jurisdictionunder subsection 1 of this section, the court may fashion an appropriateremedy to ensure the safety of the child and prevent a repetition of thewrongful conduct, including staying the proceeding until a child custodyproceeding is commenced in a court having jurisdiction under sections452.740 to 452.750.

3. If a court dismisses a petition or stays a proceeding because itdeclines to exercise its jurisdiction under subsection 1 of this section,the court shall charge the party invoking the jurisdiction of the courtwith necessary and reasonable expenses including costs, communicationexpenses, attorney's fees, investigative fees, expenses for witnesses,travel expenses and child care during the course of the proceedings, unlessthe party from whom fees are sought establishes that the award would beclearly inappropriate. The court may not assess fees, costs or expensesagainst this state except as otherwise provided by law other than sections452.700 to 452.930.