20-146.19 - Jurisdiction declined by reason of conduct. - Virginia Statutes

§ 20-146.19. Jurisdiction declined by reason of conduct.

A. Except as otherwise provided in § 20-146.15 or by other law of thisCommonwealth, if a court of this Commonwealth has jurisdiction under this actbecause a person seeking to invoke its jurisdiction has engaged inunjustifiable conduct, the court shall decline to exercise its jurisdictionunless:

1. The parents and all persons acting as parents have acquiesced in theexercise of jurisdiction;

2. A court of the state otherwise having jurisdiction under §§ 20-146.12,20-146.13 or § 20-146.14 determines that this Commonwealth is a moreappropriate forum under § 20-146.18; or

3. No court of any other state would have jurisdiction under the criteriaspecified in subsection B.

B. If a court of this Commonwealth declines to exercise its jurisdictionpursuant to subsection A, it may fashion an appropriate remedy to ensure thesafety of the child and prevent a repetition of the unjustifiable conduct,including staying the proceeding until a child custody proceeding iscommenced in a court having jurisdiction under §§ 20-146.12, 20-146.13 or §20-146.14.

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's fees,investigative fees, expenses for witnesses, travel expenses, and child careduring the course of the proceedings, unless the party from whom fees aresought establishes that the assessment would be clearly inappropriate. Thecourt may not assess fees, costs, or expenses against this Commonwealthunless authorized by law other than this act.

(1979, c. 229, § 20-131; 2001, c. 305.)