§ 50A-208. Jurisdiction declined by reason of conduct. - North Carolina Statutes

§50A‑208.  Jurisdiction declined by reason of conduct.

(a)        Except as otherwiseprovided in G.S. 50A‑204 or by other law of this State, if a court ofthis State has jurisdiction under this Article because a person seeking toinvoke its jurisdiction has engaged in unjustifiable conduct, the court shalldecline to exercise its jurisdiction unless:

(1)        The parents and allpersons acting as parents have acquiesced in the exercise of jurisdiction;

(2)        A court of the stateotherwise having jurisdiction under G.S. 50A‑201 through G.S. 50A‑203determines that this State is a more appropriate forum under G.S. 50A‑207;or

(3)        No court of anyother state would have jurisdiction under the criteria specified in G.S. 50A‑201through G.S. 50A‑203.

(b)        If a court of thisState declines to exercise its jurisdiction pursuant to subsection (a), it mayfashion an appropriate remedy to ensure the safety of the child and prevent arepetition of the unjustifiable conduct, including staying the proceeding untila child‑custody proceeding is commenced in a court having jurisdictionunder G.S. 50A‑201 through G.S. 50A‑203.

(c)        If a courtdismisses a petition or stays a proceeding because it declines to exercise itsjurisdiction pursuant to subsection (a), it shall assess against the partyseeking to invoke its jurisdiction necessary and reasonable expenses includingcosts, communication expenses, attorneys' fees, investigative fees, expensesfor witnesses, travel expenses, and child care during the course of theproceedings, unless the party from whom fees are sought establishes that theassessment would be clearly inappropriate. The court may not assess fees,costs, or expenses against this State unless authorized by law other than thisArticle. (1979, c. 110, s. 1; 1999‑223, s. 3.)