2006 New York Code - Jurisdiction Declined By Reason Of Conduct.



 
    §  76-g.  Jurisdiction  declined  by  reason  of conduct. 1. Except as
  otherwise provided in section seventy-six-c of this title  or  by  other
  law  of this state, if a court of this state has jurisdiction under this
  article 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 sections
  seventy-six through seventy-six-b of this  title  determines  that  this
  state  is  a  more appropriate forum under section seventy-six-f of this
  title; or
    (c) no court of any other state  would  have  jurisdiction  under  the
  criteria specified in sections seventy-six through seventy-six-b of this
  title.
    2.  If  a  court  of  this state declines to exercise its jurisdiction
  pursuant  to  subdivision  one  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 sections seventy-six through seventy-six-b  of
  this title.
    3.  If  a  court dismisses a petition or stays a proceeding because it
  declines to exercise its jurisdiction pursuant  to  subdivision  one  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 inappropriate. No fees, costs or expenses shall
  be assessed against a party who is fleeing an  incident  or  pattern  of
  domestic violence or mistreatment or abuse of a child or sibling, unless
  the  court  is  convinced  by  a  preponderance  of  evidence  that such
  assessment would be clearly appropriate. The court may not assess  fees,
  costs,  or  expenses  against  this state unless authorized by law other
  than this article.
    4. In making a determination under this section,  a  court  shall  not
  consider  as  a factor weighing against the petitioner any taking of the
  child, or retention of the  child  after  a  visit  or  other  temporary
  relinquishment  of  physical  custody,  from  the  person  who has legal
  custody, if there is evidence that the taking or retention of the  child
  was  to  protect  the  petitioner from domestic violence or the child or
  sibling from mistreatment or abuse.

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