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403.836 Jurisdiction declined by reason of conduct.
(1)
(2)
(3)
Except as otherwise provided in KRS 403.828, or by other law of this state, if a
court of this state has jurisdiction under KRS 403.800 to 403.880 because a
person seeking to invoke its jurisdiction has engaged in unjustifiable conduct,
the court shall decline to exercise its jurisdiction unless:
(a) The parents and all persons acting as parents have acquiesced in the
exercise of jurisdiction;
(b) A court of the state otherwise having jurisdiction under KRS 403.822,
403.824, and 403.826 determines that this state is a more appropriate
forum under KRS 403.834; or
(c) No court of any other state would have jurisdiction under the criteria
specified in KRS 403.822, 403.824, and 403.826.
If a court of this state declines to exercise its jurisdiction pursuant to subsection
(1) of this section, it may fashion an appropriate remedy to ensure the safety of
the child and prevent a repetition of the unjustifiable conduct, including staying
the proceeding until a child custody proceeding is commenced in a court
having jurisdiction under KRS 403.822, 403.824, and 403.826.
If a court dismisses a petition or stays a proceeding because it declines to
exercise its jurisdiction pursuant to subsection (1) of this section, it shall assess
against the party seeking to invoke its jurisdiction necessary and reasonable
expenses including costs, communication expenses, attorney's fees,
investigative fees, expenses for witnesses, travel expenses, and child care
during the course of the proceedings, unless the party from whom fees are
sought establishes that the assessment would be clearly inappropriate. The
court shall not assess fees, costs, or expenses against this state unless
authorized by law other than KRS 403.800 to 403.880.
Effective:July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 19, effective July 13, 2004.
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