2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
5428 - Jurisdiction declined by reason of conduct.

     § 5428.  Jurisdiction declined by reason of conduct.
        (a)  General rule.--Except as otherwise provided in section
     5424 (relating to temporary emergency jurisdiction) or by other
     laws of this Commonwealth, if a court of this Commonwealth has
     jurisdiction under this chapter because a person seeking to
     invoke its jurisdiction has engaged in unjustifiable conduct,
     the court shall decline to exercise its jurisdiction unless:
            (1)  the parents and all persons acting as parents have
        acquiesced in the exercise of jurisdiction;
            (2)  a court of the state otherwise having jurisdiction
        under sections 5421 (relating to initial child custody
        jurisdiction) through 5423 (relating to jurisdiction to
        modify determination) determines that this Commonwealth is a
        more appropriate forum under section 5427 (relating to
        inconvenient forum); or
            (3)  no court of any other state would have jurisdiction
        under the criteria specified in sections 5421 through 5423.
        (b)  Jurisdiction declined; remedy.--If a court of this
     Commonwealth declines to exercise its jurisdiction pursuant to
     subsection (a), 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 5421 through 5423.
        (c)  Jurisdiction declined; expenses.--If a court dismisses a
     petition or stays a proceeding because it declines to exercise
     its jurisdiction pursuant to subsection (a), it shall assess
     against the party seeking to invoke its jurisdiction necessary
     and reasonable expenses, including costs, communication
     expenses, attorney 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 may not assess fees, costs or expenses against this
     Commonwealth unless authorized by law other than this chapter.

        Cross References.  Section 5428 is referred to in section
     5421 of this title.