§ 15-14.1-20 - Jurisdiction declined by reason of conduct. - Rhode Island Statutes

SECTION 15-14.1-20

   § 15-14.1-20  Jurisdiction declined byreason of conduct. – (a) Except as otherwise provided, if a court of this state has jurisdictionunder this chapter because a person seeking to invoke its jurisdiction hasengaged in unjustifiable conduct, the court shall decline to exercise itsjurisdiction unless:

   (1) The parents and all persons acting as parents haveacquiesced in the exercise of jurisdiction;

   (2) A court of the state otherwise having jurisdictiondetermined that this state is a more appropriate forum; or

   (3) No court of any other state would have jurisdiction underthe criteria specified in this chapter.

   (b) If a court of this state declined to exercise itsjurisdiction pursuant to subsection (a) of this section, it may fashion anappropriate remedy to ensure the safety of the child and prevent a repetitionof the unjustifiable conduct, including staying the proceeding until a childcustody proceeding is commenced in a court having jurisdiction.

   (c) If a court dismisses a petition or stays a proceedingbecause it declines to exercise its jurisdiction pursuant to subsection (a) ofthis section, it shall assess against the party seeking to invoke itsjurisdiction necessary and reasonable expenses including costs, communicationexpenses, attorneys' fees, investigative fees, expenses for witnesses, travelexpenses, and child care during the course of the proceedings, unless the partyfrom whom fees are sought establishes that the assessment would be clearlyinappropriate. The court may not assess fees, costs, or expenses against thisstate unless authorized by law other than this chapter.